BILL NUMBER: SB 1754	CHAPTERED  07/11/02

	CHAPTER  148
	FILED WITH SECRETARY OF STATE  JULY 11, 2002
	APPROVED BY GOVERNOR  JULY 10, 2002
	PASSED THE ASSEMBLY  JUNE 27, 2002
	PASSED THE SENATE  MAY 8, 2002
	AMENDED IN SENATE  MAY 7, 2002

INTRODUCED BY   Senator McPherson
   (Coauthor:  Senator Alpert)
   (Coauthors:  Assembly Members Aanestad, Bill Campbell, Cogdill,
Diaz, and Longville)

                        FEBRUARY 21, 2002

   An act to amend Section 853.7a of the Penal Code, and to amend
Section 40508.5 of the Vehicle Code, relating to bench warrants.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1754, McPherson.  Bench warrants:  assessments.
   Existing law allows a county, by resolution of the board of
supervisors, to require the courts of that county to impose an
assessment of $7 upon every person who fails to appear in court when
required to do so, or who fails to comply with any valid court order.

   Existing law requires the money collected under this system to be
used for the development of an automated county warrant system.
   This bill would raise to  $15 the amount that a county may require
the courts of that county to assess upon every person who fails to
appear in court or fails to comply with a valid court order.
   This bill would authorize a county to use any money remaining
after developing and maintaining the automated warrant system to fund
a warrant service task force for the purpose of serving all bench
warrants issued within the county.


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


  SECTION 1.  Section 853.7a of the Penal Code is amended to read:
   853.7a.  (a) In addition to the fees authorized or required by any
other provision of law, a county may, by resolution of the board of
supervisors, require the courts of that county to impose an
assessment of fifteen dollars ($15) upon every person who violates
his or her written promise to appear or a lawfully granted
continuance of his or her promise to appear in court or before a
person authorized to receive a deposit of bail, or who otherwise
fails to comply with any valid court order for a violation of any
provision of this code or local ordinance adopted pursuant to this
code.  This assessment shall apply whether or not a violation of
Section 853.7 is concurrently charged or a warrant of arrest is
issued pursuant to Section 853.8.
   (b) The clerk of the court shall deposit the amounts collected
under this section in the county treasury.  All money so deposited
shall be used first for the development and operation of an automated
county warrant system.  If sufficient funds are available after
appropriate expenditures to develop, modernize, and maintain the
automated warrant system, a county may use the balance to fund a
warrant service task force for the purpose of serving all bench
warrants within the county.
  SEC. 2.  Section 40508.5 of the Vehicle Code is amended to read:
   40508.5.  (a) In addition to the fees authorized or required by
any other provision of law, a county may, by resolution of the board
of supervisors, require the courts of that county to impose an
assessment of fifteen dollars ($15) upon every person who violates
his or her written promise to appear or a lawfully granted
continuance of his or her promise to appear in court or before a
person authorized to receive a deposit of bail, or who otherwise
fails to comply with any valid court order for a violation of any
provision of this code or local ordinance adopted pursuant to this
code.  This assessment shall apply whether or not a violation of
Section 40508 is concurrently charged or a warrant of arrest is
issued pursuant to Section 40515.
   (b) The courts subject to subdivision (a) shall increase the bail
schedule amounts to reflect the amount of the assessment imposed by
this section.
   (c) If bail is returned, the amount of the assessment shall also
be returned, but only if the person did not violate his or her
promise to appear or citation following a lawfully granted
continuance.
   (d) The clerk of the court shall deposit the amounts collected
under this section in the county treasury.  All money so deposited
shall be used first for the development and operation of an automated
county warrant system.  If sufficient funds are available after
appropriate expenditures to develop, modernize, and maintain the
automated warrant system, a county may use the balance to fund a
warrant service task force for the purpose of serving all bench
warrants within the county.