BILL NUMBER: AB 1264	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hagman

                        FEBRUARY 18, 2011

   An act to amend Section 72301 of the Government Code, to amend
Sections 1269b, 1269c, 1275, and 1295 of, and to add Section 1267 to,
the Penal Code, and to amend Sections 40502, 40512, 42007, 42007.1,
and 42008.7 of the Vehicle Code, relating to bail.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1264, as introduced, Hagman. Statewide Bail Commission:
statewide bail schedule.
   Existing law provides that it is the duty of the superior court
judges in each county to prepare, adopt, and annually revise a
uniform countywide schedule of bail for all bailable felony offenses
and for all misdemeanor and infraction offenses, except Vehicle Code
infractions. Under existing law a court may prescribe the procedure
by which the uniform countywide schedule is prepared, adopted, and
annually revised by the judges. Existing law provides that if the
court does not adopt a local rule, the uniform countywide schedule of
bail shall be prepared, adopted, and annually revised by a majority
of the judges. Various provisions of existing law require courts to
follow the countywide schedule of bail prepared pursuant to these
provisions.
   This bill would repeal the uniform countywide schedule of bail and
instead would establish the Statewide Bail Commission. The bill
would instead require the commission to prepare, adopt, and annually
revise a statewide bail schedule for all bailable felony offenses and
for all misdemeanor and infraction offenses except Vehicle Code
infractions. This bill would make conforming changes.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 72301 of the Government Code is amended to
read:
   72301.  The clerk of the superior court or one or more deputy
clerks, the sheriff or one or more deputy sheriffs, or one or more
city police officers shall be in attendance at all hours of the day
and night, including Sundays and holidays, and may fix and accept
bail pursuant to procedures established by the court for the
appearance before the court of any defendant charged in the court or
whenever a defendant has been arrested and booked within the county
for having committed a misdemeanor. The amount of bail shall be
pursuant to  a   the  schedule of bail in
such cases previously fixed and approved  by the judges of
the court at their annual meeting   pursuant to Section
1269b of the Penal Code  . If a warrant has been issued for the
arrest of the defendant, the bail shall be in the amount fixed in the
warrant. The bail shall be cash, negotiable United States Treasury
bonds, or a surety bond executed by a certified, admitted surety
insurer as provided in the Insurance Code.
  SEC. 2.  Section 1267 is added to the Penal Code, to read:
   1267.  There is hereby created in state government the Statewide
Bail Commission.
  SEC. 3.  Section 1269b of the Penal Code is amended to read:
   1269b.  (a) The officer in charge of a jail in which an arrested
person is held in custody, an officer of a sheriff's department or
police department of a city who is in charge of a jail or is employed
at a fixed police or sheriff's facility and is acting under an
agreement with the agency that keeps the jail in which an arrested
person is held in custody, an employee of a sheriff's department or
police department of a city who is assigned by the department to
collect bail, the clerk of the superior court of the county in which
the offense was alleged to have been committed, and the clerk of the
superior court in which the case against the defendant is pending may
approve and accept bail in the amount fixed by the warrant of
arrest, schedule of bail, or order admitting to bail in cash or
surety bond executed by a certified, admitted surety insurer as
provided in the Insurance Code, to issue and sign an order for the
release of the arrested person, and to set a time and place for the
appearance of the arrested person before the appropriate court and
give notice thereof.
   (b) If a defendant has appeared before a judge of the court on the
charge contained in the complaint, indictment, or information, the
bail shall be in the amount fixed by the judge at the time of the
appearance. If that appearance has not been made, the bail shall be
in the amount fixed in the warrant of arrest or, if no warrant of
arrest has been issued, the amount of bail shall be pursuant to the
 uniform countywide schedule of bail for the county in which
the defendant is required to appear   statewide 
 bail schedule  , previously fixed and approved as provided
in  subdivisions (c) and (d)   subdivision (c)
 .
   (c) It is the duty of the  superior court judges in each
county   Statewide Bail Commission  to prepare,
adopt, and annually revise a  uniform countywide 
 statewide bai   l  schedule  of bail
 for all bailable felony offenses and for all misdemeanor
and infraction offenses except Vehicle Code infractions. The penalty
schedule for infraction violations of the Vehicle Code shall be
established by the Judicial Council in accordance with Section 40310
of the Vehicle Code. 
   (d) A court may, by local rule, prescribe the procedure by which
the uniform countywide schedule of bail is prepared, adopted, and
annually revised by the judges. If a court does not adopt a local
rule, the uniform countywide schedule of bail shall be prepared,
adopted, and annually revised by a majority of the judges. 

   (e) 
    (d)     (1)  In adopting  a
uniform countywide schedule of bail   the statewide bail
schedule  for all bailable felony offenses the  judges
  bail commissioners  shall consider the
seriousness of the offense charged. In considering the seriousness of
the offense charged the  judges   bail
commissioners  shall assign an additional amount of required
bail for each aggravating or enhancing factor chargeable in the
complaint, including, but not limited to, additional bail for charges
alleging facts that would bring a person within any of the following
sections: Section 667.5, 667.51, 667.6, 667.8, 667.85, 667.9,
667.10, 12022, 12022.1, 12022.2, 12022.3, 12022.4, 12022.5, 12022.53,
12022.6, 12022.7, 12022.8, or 12022.9 of this code, or Section
11356.5, 11370.2, or 11370.4 of the Health and Safety Code. 
   In 
    (2)     In  considering offenses in
which a violation of Chapter 6 (commencing with Section 11350) of
Division 10 of the Health and Safety Code is alleged, the 
judge   bail commissioners  shall assign an
additional amount of required bail for offenses involving large
quantities of controlled substances. 
   (f) 
    (e)  The  countywide  statewide
 bail schedule shall contain a list of the offenses and the
amounts of bail applicable for each as the  judges 
 bail commissioners  determine to be appropriate. If the
schedule does not list all offenses specifically, it shall contain a
general clause for designated amounts of bail as the  judges
of the county   bail commissioners  determine to be
appropriate for all the offenses not specifically listed in the
schedule. A copy of the  countywide   statewide
 bail schedule shall be sent to the officer in charge of
 the   each  county jail, to the officer in
charge of each city jail  within the county  , to
each superior court judge and commissioner in the  county
  state  , and to the Judicial Council. 
   (g) 
    (f)     (1)  Upon posting bail, the
defendant or arrested person shall be discharged from custody as to
the offense on which the bail is posted. 
   All 
    (2)     All  money and surety bonds so
deposited with an officer authorized to receive bail shall be
transmitted immediately to the judge or clerk of the court by which
the order was made or warrant issued  or bail schedule fixed
 . If, in the case of felonies, an indictment is filed, the
judge or clerk of the court shall transmit all of the money and
surety bonds to the clerk of the court. 
   (h) 
    (g)  If a defendant or arrested person so released fails
to appear at the time and in the court so ordered upon his or her
release from custody, Sections 1305 and 1306 apply.
  SEC. 4.  Section 1269c of the Penal Code is amended to read:
   1269c.  If a defendant is arrested without a warrant for a
bailable felony offense or for the misdemeanor offense of violating a
domestic violence restraining order, and a peace officer has
reasonable cause to believe that the amount of bail set forth in the
schedule of bail for that offense is insufficient to ensure the
defendant's appearance or to ensure the protection of a victim, or
family member of a victim, of domestic violence, the peace officer
shall prepare a declaration under penalty of perjury setting forth
the facts and circumstances in support of his or her belief and file
it with a magistrate, as defined in Section 808, or his or her
commissioner, in the county in which the offense is alleged to have
been committed or having personal jurisdiction over the defendant,
requesting an order setting a higher bail. Except where the defendant
is charged with an offense listed in subdivision (a) of Section
1270.1, the defendant, either personally or through his or her
attorney, friend, or family member, also may make application to the
magistrate for release on bail lower than that provided in the
schedule of bail or on his or her own recognizance. The magistrate or
commissioner to whom the application is made is authorized to set
bail in an amount that he or she deems sufficient to ensure the
defendant's appearance or to ensure the protection of a victim, or
family member of a victim, of domestic violence, and to set bail on
the terms and conditions that he or she, in his or her discretion,
deems appropriate, or he or she may authorize the defendant's release
on his or her own recognizance. If, after the application is made,
no order changing the amount of bail is issued within eight hours
after booking, the defendant shall be entitled to be released on
posting the amount of bail set forth in the  applicable
 bail schedule.
  SEC. 5.  Section 1275 of the Penal Code is amended to read:
   1275.  (a)  (1)   In setting, reducing, or
denying bail, the judge or magistrate shall take into consideration
the protection of the public, the seriousness of the offense charged,
the previous criminal record of the defendant, and the probability
of his or her appearing at trial or hearing of the case. The public
safety shall be the primary consideration. 
   In 
    (2)     In  considering the
seriousness of the offense charged, the judge or magistrate shall
include consideration of the alleged injury to the victim, and
alleged threats to the victim or a witness to the crime charged, the
alleged use of a firearm or other deadly weapon in the commission of
the crime charged, and the alleged use or possession of controlled
substances by the defendant.
   (b) In considering offenses wherein a violation of Chapter 6
(commencing with Section 11350) of Division 10 of the Health and
Safety Code is alleged, the judge or magistrate shall consider the
following: (1) the alleged amounts of controlled substances involved
in the commission of the offense, and (2) whether the defendant is
currently released on bail for an alleged violation of Chapter 6
(commencing with Section 11350) of Division 10 of the Health and
Safety Code.
   (c) Before a court reduces bail below the amount established by
the bail schedule approved  for the county,  in
accordance with  subdivisions (b) and (c) of 
Section 1269b, for a person charged with a serious felony, as defined
in subdivision (c) of Section 1192.7, or a violent felony, as
defined in subdivision (c) of Section 667.5, the court shall make a
finding of unusual circumstances and shall set forth those facts on
the record. For purposes of this subdivision, "unusual circumstances"
does not include the fact that the defendant has made all prior
court appearances or has not committed any new offenses.
  SEC. 6.  Section 1295 of the Penal Code is amended to read:
   1295.  (a) The defendant, or any other person, at any time after
an order admitting defendant to bail or after the arrest and booking
of a defendant for having committed a misdemeanor, instead of giving
bail may deposit, with the clerk of the court in which the defendant
is held to answer or notified to appear for arraignment, the sum
mentioned in the order or, if no order, in the schedule of bail
 previously fixed by the judges of the court  
approved pursuant to Section 1269b  , and, upon delivering to
the officer in whose custody defendant is a certificate of the
deposit, the defendant must be discharged from custody.
   (b) Where more than one deposit is made with respect to any charge
in any accusatory pleading based upon the acts supporting the
original charge as a result of which an earlier deposit was made, the
defendant shall receive credit in the amount of any earlier deposit.

   (c) The clerk of the court shall not accept a general assistance
check for this deposit or any part thereof.
  SEC. 7.  Section 40502 of the Vehicle Code is amended to read:
   40502.  The place specified in the notice to appear shall be any
of the following:
   (a) Before a magistrate within the county in which the offense
charged is alleged to have been committed and who has jurisdiction of
the offense and is nearest or most accessible with reference to the
place where the arrest is made.
   (b) Upon demand of the person arrested, before a judge or other
magistrate having jurisdiction of the offense at the county seat of
the county in which the offense is alleged to have been committed.
This subdivision applies only if the person arrested resides, or the
person's principal place of employment is located, closer to the
county seat than to the magistrate nearest or most accessible to the
place where the arrest is made.
   (c)  (1)    Before a person authorized to
receive a deposit of bail. 
   The 
    (2)     The  clerk and deputy clerks
of the superior court are persons authorized to receive bail in
accordance with  a   the  schedule of bail
approved  by the judges of that court   pursuant
to Section 1269b of the Penal Code  .
   (d)  (1)    Before the juvenile court, a
juvenile court referee, or a juvenile hearing officer within the
county in which the offense charged is alleged to have been
committed, if the person arrested appears to be under the age of 18
years. The juvenile court shall by order designate the proper person
before whom the appearance is to be made. 
   In 
    (2)     In  a county that has
implemented the provisions of Section 603.5 of the Welfare and
Institutions Code, if the offense alleged to have been committed by a
minor is classified as an infraction under this code, or is a
violation of a local ordinance involving the driving, parking, or
operation of a motor vehicle, the citation shall be issued as
provided in subdivision (a), (b), or (c); provided, however, that if
the citation combines an infraction and a misdemeanor, the place
specified shall be as provided in  this  subdivision
 (d)  . 
   If 
    (e)     If  the place specified in the
notice to appear is within a county where a department of the
superior court is to hold a night session within a period of not more
than 10 days after the arrest, the notice to appear shall contain,
in addition to the above, a statement notifying the person arrested
that the person may appear before a night session of the court.
  SEC. 8.  Section 40512 of the Vehicle Code is amended to read:
   40512.  (a) (1) Except as specified in paragraph (2) and
subdivision (b), if at the time the case is called for arraignment
before the magistrate the defendant does not appear, either in person
or by counsel, the magistrate may declare the bail forfeited and
may, in his or her discretion, order that no further proceedings be
had in the case, unless the defendant has been charged with a
violation of Section 23111 or 23112, or subdivision (a) of Section
23113, and he or she has been previously convicted of the same
offense, except if the magistrate finds that undue hardship will be
imposed upon the defendant by requiring him or her to appear, the
magistrate may declare the bail forfeited and order that no further
proceedings shall be had in the case.
   (2) If the defendant has posted surety bail and the magistrate has
ordered the bail forfeited and that no further proceedings shall be
had in the case, the bail retains the right to obtain relief from the
forfeiture as provided in Section 1305 of the Penal Code if the
amount of the bond, money, or property deposited exceeds seven
hundred dollars ($700).
   (b) (1) If, at the time the case is called for a compliance
appearance before the magistrate, the defendant has entered into a
bail installment agreement pursuant to Section 40510.5 but has not
made an installment payment as agreed and does not appear, either in
person or by counsel, the court may continue the arraignment to a
date beyond the last agreed upon installment payment, issue a warrant
of arrest, or impose a civil assessment as provided in Section
1214.1 of the Penal Code for the failure to appear.
   (2) If, at the time the case is called for a compliance appearance
before the magistrate, the defendant has paid all required bail
funds and the defendant does not appear, either in person or by
counsel, the court may order that no further proceedings shall be had
in the case, unless the defendant has been charged with a violation
of Section 23111 or 23112, or subdivision (a) of Section 23113, and
he or she has been previously convicted of the same offense, except
that if the magistrate finds that undue hardship will be imposed upon
the defendant by requiring him or her to appear, the magistrate may
order that no further proceedings shall be had in the case.
   (c) Upon the making of the order that no further proceedings shall
be had, all sums deposited as bail shall be paid into the city or
county treasury, as the case may be.
   (d) If a guaranteed traffic arrest bail bond certificate has been
filed, the clerk of the court shall bill the issuer for the amount of
bail fixed by the  uniform countywide  
statewide  schedule of bail required  under subdivision
(c) of   pursuant to  Section 1269b of the Penal
Code.
   (e) Upon presentation by a court of the bill for a fine or bail
assessed against an individual covered by a guaranteed traffic arrest
bail bond certificate, the issuer shall pay to the court the amount
of the fine or forfeited bail that is within the maximum amount
guaranteed by the terms of the certificate.
   (f) The court shall return the guaranteed traffic arrest bail bond
certificate to the issuer upon receipt of payment in accordance with
subdivision (d).
  SEC. 9.  Section 42007 of the Vehicle Code, as amended by Section
37 of Chapter 720 of the Statutes of 2010, is amended to read:
   42007.  (a) (1)  (A)    The clerk of the court
shall collect a fee from every person who is ordered or permitted to
attend a traffic violator school pursuant to Section 42005 or who
attends any other court-supervised program of traffic safety
instruction. The fee shall be in an amount equal to the total bail
set forth for the eligible offense on the  uniform countywide
  statewide  bail schedule. As used in this
subdivision, "total bail" means the amount established pursuant to
Section 1269b of the Penal Code in accordance with the Uniform
Statewide Bail Schedule adopted by the Judicial Council, including
all assessments, surcharges, and penalty amounts. Where multiple
offenses are charged in a single notice to appear, the "total bail"
is the amount applicable for the greater of the qualifying offenses.
However, the court may determine a lesser fee under this subdivision
upon a showing that the defendant is unable to pay the full amount.

   The 
    (B)     The  fee shall not include the
cost, or any part thereof, of traffic safety instruction offered by
the school or other program.
   (2) The clerk may accept from a defendant who is ordered or
permitted to attend traffic violator school a payment of at least 10
percent of the fee required by paragraph (1) upon filing a written
agreement by the defendant to pay the remainder of the fee according
to an installment payment schedule of no more than 90 days as agreed
upon with the court. The Judicial Council shall prescribe the form of
the agreement for payment of the fee in installments. When the
defendant signs the Judicial Council form for payment of the fee in
installments, the court shall continue the case to the date in the
agreement to complete payment of the fee and submit the certificate
of completion of traffic violator school to the court. The clerk
shall collect a fee of up to thirty-five dollars ($35) to cover
administrative and clerical costs for processing an installment
payment of the traffic violator school fee under this paragraph.
   (3) When a defendant fails to make an installment payment of the
fee according to an installment agreement, the court may convert the
fee to bail, declare it forfeited, and report the forfeiture as a
conviction under Section 1803. The court may also charge a failure to
pay under Section 40508 and impose a civil assessment as provided in
Section 1214.1 of the Penal Code or issue an arrest warrant for a
failure to pay. For the purposes of reporting a conviction under this
subdivision to the department under Section 1803, the date that the
court declares the bail forfeited shall be reported as the date of
conviction.
   (b) Revenues derived from the fee collected under this section
shall be deposited in accordance with Section 68084 of the Government
Code in the general fund of the county and, as may be applicable,
distributed as follows:
   (1) In any county in which a fund is established pursuant to
Section 76100 or 76101 of the Government Code, the sum of one dollar
($1) for each fund so established shall be deposited with the county
treasurer and placed in that fund.
   (2) In any county that has established a Maddy Emergency Medical
Services Fund pursuant to Section 1797.98a of the Health and Safety
Code, an amount equal to the sum of each two dollars ($2) for every
seven dollars ($7) that would have been collected pursuant to Section
76000 of the Government Code and, commencing January 1, 2009, an
amount equal to the sum of each two dollars ($2) for every ten
dollars ($10) that would have been collected pursuant to Section
76000.5 of the Government Code with respect to those counties to
which that section is applicable shall be deposited in that fund.
Nothing in the act that added this paragraph shall be interpreted in
a manner that would result in either of the following:
   (A) The utilization of penalty assessment funds that had been set
aside, on or before January 1, 2000, to finance debt service on a
capital facility that existed before January 1, 2000.
   (B) The reduction of the availability of penalty assessment
revenues that had been pledged, on or before January 1, 2000, as a
means of financing a facility which was approved by a county board of
supervisors, but on January 1, 2000, is not under construction.
   (3) The amount of the fee that is attributable to Section 70372 of
the Government Code shall be transferred pursuant to subdivision (f)
of that section.
   (c) For fees resulting from city arrests, an amount equal to the
amount of base fines that would have been deposited in the treasury
of the appropriate city pursuant to paragraph (3) of subdivision (b)
of Section 1463.001 of the Penal Code shall be deposited in the
treasury of the appropriate city.
   (d) As used in this section, "court-supervised program" includes,
but is not limited to, any program of traffic safety instruction the
successful completion of which is accepted by the court in lieu of
adjudicating a violation of this code.
   (e) The clerk of the court, in a county that offers traffic school
shall include in any courtesy notice mailed to a defendant for an
offense that qualifies for traffic school attendance the following
statement:

   NOTICE: If you are eligible and decide not to attend traffic
school your automobile insurance may be adversely affected.

   (f) Notwithstanding any other provision of law, a county that has
established a Maddy Emergency Medical Services Fund pursuant to
Section 1797.98a of the Health and Safety Code shall not be held
liable for having deposited into the fund, prior to January 1, 2009,
an amount equal to two dollars ($2) for every ten dollars ($10) that
would have been collected pursuant to Section 76000.5 of the
Government Code from revenues derived from traffic violator school
fees collected pursuant to this section.
  SEC. 10.  Section 42007 of the Vehicle Code, as added by Chapter
599 of the Statutes of 2010, is amended to read:
   42007.  (a) (1) The clerk of the court shall collect from every
person who is ordered or permitted to attend a traffic violator
school pursuant to Section 41501 or 42005 an amount equal to the
total bail set forth for the eligible offense on the  uniform
countywide   statewide  bail schedule. As used in
this subdivision, "total bail" means the amount established pursuant
to Section 1269b of the Penal Code in accordance with the Uniform
Statewide Bail Schedule adopted by the Judicial Council, including
all assessments, surcharges, and penalty amounts. If multiple
offenses are charged in a single notice to appear, the "total bail"
is the amount applicable for the greater of the qualifying offenses.
However, the court may determine a lesser fee under this subdivision
upon a showing that the defendant is unable to pay the full amount.
The fee shall not include the cost, or any part thereof, of traffic
safety instruction offered by a traffic violator school.
   (2) The clerk may accept from a defendant who is ordered or
permitted to attend traffic violator school a payment of at least 25
percent of the fee required by paragraph (1) upon filing a written
agreement by the defendant to pay the remainder of the fee according
to an installment payment schedule of no more than 90 days as agreed
upon with the court. The Judicial Council shall prescribe the form of
the agreement for payment of the fee in installments. If the
defendant signs the Judicial Council form for payment of the fee in
installments, the court shall continue the case to the date in the
agreement to complete payment of the fee and submit the certificate
of completion of traffic violator school to the court. The clerk
shall collect a fee of up to thirty-five dollars ($35) to cover the
cost of processing an installment payment of the traffic violator
school fee under this paragraph.
   (3)  If a defendant fails to make an installment payment of the
fee according to an installment agreement, the court may convert the
fee to bail, declare it forfeited, and report the forfeiture as a
conviction under Section 1803. The court may also charge a failure to
pay under Section 40508 and impose a civil assessment as provided in
Section 1214.1 of the Penal Code or issue an arrest warrant for a
failure to pay.
   (b) Revenues derived from the fee collected under this section
shall be deposited in accordance with Section 68084 of the Government
Code in the general fund of the county and, as may be applicable,
distributed as follows:
   (1) In any county in which a fund is established pursuant to
Section 76100 or 76101 of the Government Code, the sum of one dollar
($1) for each fund so established shall be deposited with the county
treasurer and placed in that fund.
   (2) In any county that has established a Maddy Emergency Medical
Services Fund pursuant to Section 1797.98a of the Health and Safety
Code, an amount equal to the sum of each two dollars ($2) for every
seven dollars ($7) that would have been collected pursuant to Section
76000 of the Government Code and, commencing January 1, 2009, an
amount equal to the sum of each two dollars ($2) for every ten
dollars ($10) that would have been collected pursuant to Section
76000.5 of the Government Code with respect to those counties to
which that section is applicable shall be deposited in that fund.
Nothing in the act that added this paragraph shall be interpreted in
a manner that would result in either of the following:
                                                             (A) The
utilization of penalty assessment funds that had been set aside, on
or before January 1, 2000, to finance debt service on a capital
facility that existed before January 1, 2000.
   (B) The reduction of the availability of penalty assessment
revenues that had been pledged, on or before January 1, 2000, as a
means of financing a facility that was approved by a county board of
supervisors, but on January 1, 2000, is not under construction.
   (3) The amount of the fee that is attributable to Section 70372 of
the Government Code shall be transferred pursuant to subdivision (f)
of that section.
   (c) For fees resulting from city arrests, an amount equal to the
amount of base fines that would have been deposited in the treasury
of the appropriate city pursuant to paragraph (3) of subdivision (b)
of Section 1463.001 of the Penal Code shall be deposited in the
treasury of the appropriate city.
   (d) The clerk of the court, in a county that offers traffic school
shall include in any courtesy notice mailed to a defendant for an
offense that qualifies for traffic school attendance the following
statement:

   NOTICE: If you are eligible and decide not to attend traffic
school your automobile insurance may be adversely affected. One
conviction in any 18-month period will be held confidential and not
show on your driving record if you complete a traffic violator school
program.

   (e) Notwithstanding any other provision of law, a county that has
established a Maddy Emergency Medical Services Fund pursuant to
Section 1797.98a of the Health and Safety Code shall not be held
liable for having deposited into the fund, prior to January 1, 2009,
an amount equal to two dollars ($2) for every ten dollars ($10) that
would have been collected pursuant to Section 76000.5 of the
Government Code from revenues derived from traffic violator school
fees collected pursuant to this section.
   (f) This section shall become operative on July 1, 2011.
  SEC. 11.  Section 42007.1 of the Vehicle Code is amended to read:
   42007.1.  (a) The amount collected by the clerk pursuant to
subdivision (a) of Section 42007 shall be in an amount equal to the
total bail set forth for the eligible offense on the  uniform
countywide   statewide  bail schedule plus a
forty-nine-dollar ($49) fee, and a fee determined by the department
to be sufficient to defray the cost of routine monitoring of traffic
violator school instruction pursuant to subdivision (c) of Section
11208, and a fee, if any, established by the court pursuant to
subdivision (c) of Section 11205.2 to defray the costs incurred by a
traffic assistance program.
   (b) Notwithstanding subdivision (b) of Section 42007, the revenue
from the forty-nine-dollar ($49) fee collected under this section
shall be deposited in the county general fund. Fifty-one percent of
the amount collected under this section and deposited into the county
general fund shall be transmitted therefrom monthly to the
Controller for deposit in the Immediate and Critical Needs Account of
the State Court Facilities Construction Fund, established in Section
70371.5 of the Government Code.
   (c) The fee assessed pursuant to subdivision (c) of Section 11208
shall be allocated to the department to defray the costs of
monitoring traffic violator school instruction.
  SEC. 12.  Section 42008.7 of the Vehicle Code is amended to read:
   42008.7.  (a) The State of California continues to face a fiscal
and economic crisis affecting the state budget and the overall state
economy. In light of this crisis, a one-time infraction amnesty
program would do the following:
   (1) Provide relief to individuals who have found themselves in
violation of a court-ordered obligation because they are financially
unable to pay traffic bail or fines.
   (2) Provide increased revenue at a time when revenue is scarce by
encouraging payment of old fines that have remained unpaid.
   (3) Allow courts and counties to resolve older delinquent cases
and focus limited resources on collecting on more recent cases.
   (b) A one-time amnesty program for fines and bail meeting the
eligibility requirements set forth in subdivision (d) shall be
established in each county. Unless agreed otherwise by the court and
the county in writing, the government entities that are responsible
for the collection of delinquent court-ordered debt shall be
responsible for implementation of the amnesty program as to that
debt, maintaining the same division of responsibility in place with
respect to the collection of court-ordered debt under subdivision (b)
of Section 1463.010 of the Penal Code.
   (c) As used in this section, the term "fine" or "bail" refers to
the total amounts due in connection with a specific violation, which
include, but are not limited to, the following:
   (1) Base fine or bail, as established by court order, by statute,
or by the  court's   state's  bail
schedule.
   (2) Penalty assessments imposed pursuant to Section 1464 of the
Penal Code and Sections 76000, 70372, 76104.6, 76104.7, and 76000.5
of the Government Code.
   (3) Civil assessment imposed pursuant to Section 1214.1 of the
Penal Code.
   (4) State surcharge imposed pursuant to Section 1465.7 of the
Penal Code.
   (5) Court security fee imposed pursuant to Section 1465.8 of the
Penal Code.
   (d) Violations are only eligible for amnesty if all of the
following requirements are met:
   (1) The violation is an infraction violation filed with the court.

   (2) The due date for payment of the fine or bail was on or before
January 1, 2009.
   (3) The defendant does not owe victim restitution on any case
within the county.
   (4) There are no outstanding misdemeanor or felony warrants for
the defendant within the county.
   (e) Each amnesty program shall accept, in full satisfaction of any
eligible fine or bail, 50 percent of the fine or bail amount, as
defined in subdivision (c) of this section. Payment of a fine or bail
under an amnesty program implemented pursuant to this section 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.
   (f) No criminal action shall be brought against a person for a
delinquent fine or bail paid under the amnesty program.
   (g) The total amount of funds collected under the amnesty program
shall as soon as practical after receipt thereof be deposited in the
county treasury or the account established under Section 77009 of the
Government Code. Any unreimbursed costs of operating the amnesty
program, excluding capital expenditures, may be deducted from the
revenues collected under the amnesty program by the court or the
county that incurred the expense of operating the program.
Notwithstanding Section 1203.1d of the Penal Code, the remaining
revenues collected under the amnesty program shall be distributed on
a pro rata basis in the same manner as a partial payment distributed
pursuant to Section 1462.5 of the Penal Code.
   (h) Each court or county implementing an amnesty program shall
file, not later than September 30, 2012, a written report with the
Judicial Council, on a form approved by the Judicial Council. The
report shall include information about the number of cases resolved,
the amount of money collected, and the operating costs of the amnesty
program. Notwithstanding Section 10231.5 of the Government Code, on
or before December 31, 2012, the Judicial Council shall submit a
report to the Legislature summarizing the information provided by
each court or county.