BILL NUMBER: AB 1819	CHAPTERED  06/21/02

	CHAPTER  62
	FILED WITH SECRETARY OF STATE  JUNE 21, 2002
	APPROVED BY GOVERNOR  JUNE 20, 2002
	PASSED THE SENATE  JUNE 10, 2002
	PASSED THE ASSEMBLY  APRIL 8, 2002
	AMENDED IN ASSEMBLY  APRIL 1, 2002

INTRODUCED BY   Assembly Member Robert Pacheco

                        JANUARY 17, 2002

   An act to amend Section 1463.007 of the Penal Code, relating to
delinquent fines.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1819, Robert Pacheco.  Delinquent fines:  collection.
   Existing law authorizes any county or court to implement a
comprehensive program to identify and collect delinquent fines and
forfeitures, with or without a warrant having been issued against the
alleged violator, if the base fine, excluding state and county
penalties, is at least $100.  Existing law authorizes the county or
court to deduct and deposit in the county treasury the cost of
operating that program, excluding capital expenditures, from any
revenues collected prior to making any distribution of revenues to
other governmental entities required by any other provision of law.
   This bill instead would authorize any county or court that
implements a comprehensive program to identify and collect delinquent
fines and forfeitures, with or without a warrant having been issued
against the alleged violator, if the base fines and forfeitures are
delinquent.  The bill would allow the cost of operating the program,
excluding capital expenditures, to be deposited in the county
treasury or the trial court operations fund prior to disbursement
pursuant to existing law.  The bill would expressly provide that any
county or court may establish a minimum base fine or forfeiture
amount for inclusion in the program.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1463.007 of the Penal Code is amended to read:

   1463.007.  Notwithstanding any other provision of law, any county
or court that implements or has implemented a comprehensive program
to identify and collect delinquent fines and forfeitures, with or
without a warrant having been issued against the alleged violator, if
the base fines and forfeitures are delinquent, may deduct and
deposit in the county treasury or in the trial court operations fund
the cost of operating that program, excluding capital expenditures,
from any revenues collected thereby prior to making any distribution
of revenues to other governmental entities required by any other
provision of law.  Any county or court may establish a minimum base
fine or forfeiture amount for inclusion in the program.  This section
applies to costs incurred by a court or a county on or after June
30, 1997, and prior to the implementation of a time payments
agreement, and shall supersede any prior law to the contrary.  This
section does not apply to a defendant who is paying a fine or
forfeiture through time payments, unless he or she is delinquent in
making payments according to the agreed-upon payment schedule.  For
purposes of this section, a comprehensive collection program is a
separate and distinct revenue collection activity and shall include
at least 10 of the following components:
   (a) Monthly bill statements to all debtors.
   (b) Telephone contact with delinquent debtors to apprise them of
their failure to meet payment obligations.
   (c) Issuance of warning letters to advise delinquent debtors of an
outstanding obligation.
   (d) Requests for credit reports to assist in locating delinquent
debtors.
   (e) Access to Employment Development Department employment and
wage information.
   (f) The generation of monthly delinquent reports.
   (g) Participation in the Franchise Tax Board's tax intercept
program.
   (h) The use of Department of Motor Vehicle information to locate
delinquent debtors.
   (i) The use of wage and bank account garnishments.
   (j) The imposition of liens on real property and proceeds from the
sale of real property held by a title company.
   (k) The filing of objections to the inclusion of outstanding fines
and forfeitures in bankruptcy proceedings.
   (l) Coordination with the probation department to locate debtors
who may be on formal or informal probation.
   (m) The initiation of drivers' license suspension actions where
appropriate.
   (n) The capability to accept credit card payments.