BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 877
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          Date of Hearing:  April 26, 2011
          Counsel:       Stella Choe


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                    AB 877 (Skinner) - As Amended:  March 25, 2011
           
           
           SUMMARY  :  Expands existing provisions of law that allow for the 
          dismissal of non-felony motor vehicle offenses pending at the 
          time of a defendant's commitment to California Department of 
          Corrections and Rehabilitation (CDCR) or the Division of 
          Juvenile Facilities to also include persons sentenced to a 
          county jail for six months or more.  Specifically,  this bill  :  

          1)Expands existing law relating to the dismissal of non-felony 
            motor vehicle offenses pending at the time of a defendant's 
            commitment to state prison to provide the same relief to 
            persons who are sentenced to a county jail for six months.

          2)Exempts from prosecution non-felony offenses arising out of 
            the operation of a motor vehicle or a Vehicle Code violation 
            as a pedestrian against a person who has been incarcerated in 
            county jail for 90 or more days in any consecutive 12-month 
            period subsequent to the date of the offense or violation.

          3)Prohibits the suspension, revocation, or refusal to issue or 
            renew a driver's license as a result of a pending infraction 
            occurring prior to the 90 or more days in any consecutive 
            12-month period of incarceration, or as a result of a notice 
            received by the Department of Motor Vehicles (DMV) for notice 
            of failure to appear in court after a written promise, or 
            failure to pay a fine if the offense that gave rise to the 
            notice occurred prior to incarceration.

          4)Provides that non-felony offenses wherein the DMV is required 
            by law to immediately suspend or revoke a person's driver's 
            license upon notice of conviction of the offense will not be 
            dismissed.

          5)Provides that non-felony offenses for specified 
            driving-under-the influence or specified reckless driving 
            offenses will not be dismissed. 








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          6)Requires DMV to remove from its records notice received by it 
            upon receipt of satisfactory evidence that a person was 
            incarcerated in any correctional institute for a period of 90 
            or more days in a consecutive 12-month period.

          7)Allows eligible persons to request relief directly from the 
            DMV or the court. 

          8)Requires a court or the DMV that receives a valid request to 
            search its records for eligible pending matters and dispose of 
            each eligible non-felony offense pursuant to these provisions.

          9)Requires the court, within 15 days of receipt of the request, 
            to notify the DMV of the request and DMV to remove from its 
            records any notice received by it from any county in 
            California.

           EXISTING LAW  :

          1)Dismisses non-felony offenses arising out of the operation of 
            a motor vehicle, or a violation of the vehicle code as a 
            pedestrian, that are pending against a person at the time of 
            his or her commitment to the custody of the Director of 
            Corrections or the Department of the Youth Authority.  
            (Vehicle Code Section 41500.)

          2)Prohibits, notwithstanding any other law to the contrary, the 
            suspension, revocation or refusal to issue or renew a driver's 
            license due to a pending non-felony offense occurring prior to 
            the time a person was committed to the custody of the Director 
            of Corrections or the Department of the Youth Authority, or as 
            a result of a notice received by the DMV from a court, a 
            magistrate, or a clerk of that court, if the offense that gave 
            rise to the notice occurred prior to the time a person was 
            committed to the custody of the Director of Corrections or the 
            Department of the Youth Authority.  (Vehicle Code Section 
            41500.)

          3)Allows the magistrate or clerk of a court to give notice to 
            the DMV of a person's violation of any section under the 
            Vehicle Code after that person's failure to appear in court 
            after a written promise to appear or if that person willfully 
            failed to pay a lawfully imposed fine for violation of the 
            Vehicle Code within the time authorized by the court to pay 








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            the fine. If thereafter the fine is fully paid, the magistrate 
            or the clerk of the court is to issue and file with the DMV a 
            certificate showing that the fine has been paid.  (Vehicle 
            Code Section 40509.)

          4)Requires the DMV to remove from its records any notice 
            received by it pursuant to Vehicle Code Section 40509, upon 
            receipt of satisfactory evidence that a person was committed 
            to the custody of the Secretary of the Department of 
            Corrections and Rehabilitation or the Division of Juvenile 
            Facilities after the offense that gave rise to the notice 
            occurred.  (Vehicle Code Section 41500.)

          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.  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 Section 42008.7.)

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "One of the 
            surest ways to assist defendants in reintegration in society 
            is to assure that they are employable and able to care for 
            themselves and their families.  A defendant who is unable to 
            obtain a driver's license is less employable, less likely to 
            pay child support, apt to drive despite the lack of a license, 
            unable to obtain insurance and even more troubling, inclined 
            to return to a life of crime - putting the greater community 
            at risk.

          "Not having the ability to legally drive is a major barrier to 
            re-entry and becoming a productive member of society.  Quite 
            frequently, upon their release, these individuals often are 
            arrested on a warrant relating to additional charges for the 
            failure to appear in court for a hearing on non-felony Vehicle 








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            Code charges scheduled for a date on which the individual was 
            in prison or jail and unable to appear.

          "The proposed legislation will remove this barrier for over 
            12,000 individuals in San Francisco alone. The community at 
            large will be positively affected by this legislation.  It is 
            estimated that it will allow well over 80,000 formally 
            incarcerated individuals to move toward successful reentry, 
            resulting in a decrease in crime and a savings in associated 
            court and incarceration costs.

          "Furthermore, it is in the public interest that courts not be 
            burdened with the prosecution of minor cases where the 
            defendant has already served a long county jail 
            sentence/incarceration period regardless of ultimate 
            conviction, or term in prison and the additional prosecution 
            will neither substantially increase that term or facilitate 
            the public safety or rehabilitative purpose of our criminal 
            justice system.

          "AB 877 will expand VC 41500 to cover anyone sentenced to a 
            county jail or jail alternative for a period of six or more 
            consecutive months.  In addition, the bill will add a new 
            Vehicle Code section that will allow persons who have been 
            incarcerated for 90 or more days in any consecutive 12 month 
            period to have all vehicle code infractions (non-felony, 
            non-misdemeanor) dismissed."

           2)Background  :  According to the background provided by the 
            author, "While current law provides relief to anyone who has 
            been committed to CDCR with outstanding Vehicle Code 
            violation, the code does not apply to persons sentenced to 
            county jail unless they are also or subsequently sentenced to 
            CDCR.

          "The current procedure for obtaining relief requires that a 
            prisoner request assistance from CDCR staff via a CDC- GA 22.  
            CDCR in turn determines if the GA 22 request contains the 
            correct information and if so, fills out a CDC-1896 and 
            forwards it to the DMV.  The problem with this is that many 
            prisoners are in housed in reception centers and/or are not in 
            a CDCR facility long enough for the process to take place.  
            Additionally, many of the violations which are covered by the 
            current request may not have been submitted to the DMV 
            pursuant to subdivision (a) of Section 40509 at the time they 








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            receive the CDC-1869 and will therefore not be dismissed.  
            This will lead to an inability to obtain a California Driver's 
            License (CDL) for the newly released individual.

          "Furthermore, Section 41500 does not apply to over the 80,000 
            county jail inmates currently incarcerated in California. In 
            San Francisco County alone, with an inmate population which 
            hovers around 2200 on any given day, many hundreds of inmates 
            each year request quasi 41500 relief directly through the 
            courts.  This is achieved via a letter sent stating their date 
            of arrest, current charges and expected release date and 
            requesting either a dismissal in the interest of justice, or 
            credit for time served based on the time spent incarcerated.  
            The letter is signed by the Sheriff's staff verifying the 
            information and forward to the respective counties.  In the 
            first 11 months of 2009, over 300 such requests were made 
            directly to the courts.  About one third were granted some 
            sort of relief, a third were denied and the remainder ignored. 
             As with the State prisoners who were unable to get through 
            the process while in CDC, the two hundred San Francisco county 
            inmates whose requests were denied or ignored are now unable 
            to obtain a CDL and legally drive.  (The potential number of 
            affected county jail inmates throughout the state could be 
            well over 12,000).

          "The proposed amendments to Section 41500 would address these 
            issues by extending present Section 41500 relief to inmates 
            sentenced to six months or more in the county jail and 
            allowing individuals to request relief directly from the 
            courts.  Section 41500.5 would extend partial Section 41500 
            relief to county jail inmate removing one of the number one 
            barriers to successful reentry.

          "Many inmates/prisoners serving time often face other charges or 
            proceedings when his or her term of incarceration is 
            completed. These are sometimes referred to as 'detainers' or 
            'holds.'  They can render the incarcerated's final date of 
            release into the community uncertain, often adversely affect 
            his security classification thereby preventing his 
            participation in various programs otherwise available to other 
            inmates/prisoners in the same facility and can negatively 
            affect his probation and parole periods as well as his reentry 
            into society.  The policy of providing relief from such 
            detainers is reflected not only in Vehicle Code section 41500, 
            which is the subject of this amendment, but also in Penal Code 








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            section 858.5 (misdemeanors serving sentence-pending 
            misdemeanor Vehicle Code violation in another county); Penal 
            Code section 1203.2a (revocation of probation on second 
            conviction-time limit); Penal Code section 1381 (time for 
            trial after conviction for another offense); Penal Code 
            section 1381.5 (asking for release of federal prisoner to 
            stand trial on pending state charge); and Penal Code sections 
            1389 through 1389.8 (interstate agreement on detainers)."

           3)Governor Brown's Re-Alignment Plan  :  As part of the budget, 
            Governor Brown will transfer responsibility for specified 
            state programs and services to local governments.  One of the 
            first transfers will take place in the prison and juvenile 
            justice systems; certain low-level offenders, adult parolees, 
            and juvenile offenders will be realigned from state to local 
            jurisdictions.  Inmates convicted of serious or violent 
            felonies or convicted of specified sex offenses will continue 
            to serve their sentences in state prisons.  ÝSB 109 (Assembly 
            Budget Committee), Chapter 15, Statutes of 2011.]

          Under the realignment plan, defendants who would normally serve 
            their sentences in state prisons will serve their sentences in 
            county jails instead.  This bill allows those individuals 
            serving time in county jail to apply for the same type of 
            relief those in state prisons are afforded.

           4)Arguments in Support  :  

             a)   According to  East Bay Community Law Center  , "AB 877 will 
               reduce barriers to employment for eligible workers by 
               amending Section 41500 and adding Section 41500.5 to the 
               Vehicle Code in order to expand relief available therein to 
               inmates of county jails.  Obtaining a valid California 
               Driver's License is often a first and essential step in 
               successful reentry from jails and prisons.  Many jobs our 
               clients are qualified for require a valid driver's license 
               as part of the employment duties or even as part of the 
               application process.  The additional protections included 
               in AB 877 will allow greater access to employment 
               opportunities.  Increased employment has a direct impact on 
               reducing recidivism.  Accordingly AB 877 will make our 
               communities safer and stronger."

             b)   According to the  California Public Defenders' 
               Association  , "Existing law is burdensome in that eligible 








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               persons in the custody of CDCR or DJJ now must enlist the 
               help of CDCR and DJJ staff to obtain and submit to DMV the 
               appropriate form for relief.  AB 877 would streamline the 
               operations and increase efficiency by allowing eligible 
               incarcerated persons completing a 180-day sentence in 
               county jail or treatment alternative to incarceration, to 
               request relief directly from the DMV or from the court.  A 
               court receiving such a request would be able to search its 
               own computer records and identify qualify non-felony 
               Vehicle Code offenses and then request that DMV remove such 
               violations from its records."

           5)Prior Legislation  :  SB 857 (Committee on Budget and Fiscal 
            Review), Chapter 720, Statutes of 2010, established a 
            mandatory one-time amnesty program for fines and bail meeting 
            certain requirements to accept, in full satisfaction of any 
            eligible fine or bail, 50% of the fine or bail amount, between 
            January 1, 2012, and June 30, 2012.  SB 857 required the 
            Judicial Council to adopt guidelines for the amnesty program 
            no later than November 1, 2011.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Public Defender's Association 
          California United for a Responsible Budget
          Community Works
          East Bay Community Law Center
          Equal Justice Society
          Fathers and Families
          Lawyers' Committee for Civil Rights of the San Francisco Bay 
          Office of the Sheriff, San Francisco
          Recovery Survival Network
          Rosen, Bien & Galvan, LLP
          Taxpayers for Improving Public Safety

           Opposition 
           
          None
           

          Analysis Prepared by  :    Stella Choe / PUB. S. / (916) 319-3744 










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