BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1358|
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THIRD READING
Bill No: AB 1358
Author: Fuentes (D)
Amended: 8/29/11 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 6/14/11
AYES: Hancock, Anderson, Liu, Price, Steinberg
NO VOTE RECORDED: Calderon, Harman
SENATE APPROPRIATIONS COMMITTEE : 9-0, 8/25/11
AYES: Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley,
Price, Runner, Steinberg
ASSEMBLY FLOOR : 74-1, 5/26/11 - See last page for vote
SUBJECT : Vehicles misdemeanor: violations: amnesty
SOURCE : California Public Defenders Association
DIGEST : This bill authorizes a county to extend the
existing amnesty program for Vehicle Code infractions to
misdemeanor Vehicle Code violations and failure to appear,
allowing a person who owes an outstanding fine to pay 50
percent of the fine, except as specified.
Senate Floor Amendments of 8/29/11 were requested by the
Administrative Office of the Courts and are intended to
conform this provision to exciting amnesty provisions.
ANALYSIS : Existing law allows a person owing a fine or
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bail that is eligible for amnesty under this program to pay
to the superior or juvenile
court 70 percent of the total fine or bail, or $100 for an
infraction or $500 for a misdemeanor, either amount of
which must be accepted by the court in full satisfaction of
the delinquent fine or bail. The one-time, voluntary
amnesty program is to be conducted in accordance with
Judicial Council guidelines for a period of not less than
120 days, and not longer than six months from the date the
court initiated the program. (Vehicle Code Section
42008.5.)
Existing law 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. Fifty percent of the fine or bail
shall be paid under the amnesty program. 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.)
Existing law provides that it is a misdemeanor for any
person who willfully violates his/her written promise to
appear or a lawfully granted continuance of his or her
promise to appear in court, regardless of the disposition
of the charge upon which he or she was originally arrested.
(Penal Code Section 853.7.)
This bill authorizes a county to extend the existing
amnesty program for Vehicle Code infractions (with payment
due dates prior to January 1, 2009), to misdemeanor Vehicle
Code violations and failure to appear, allowing a person
who owes an outstanding fine to pay fifty percent of the
fine, except as specified.
This bill prohibits the use of the amnesty program for
parking violations, specified reckless driving, DUI
offenses, and for anyone with an outstanding misdemeanor or
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felony warrant within the county, except for misdemeanor
warrants authorized by the participating court and county
for specified misdemeanor Vehicle Code and Penal Code
violations.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13
2013-14 Fund
Expanded amnesty prog.
Unknown, potentially significant
Local/
one-time revenue increase in the
General/
millions of dollars as well as
Special*
significant Foregone revenue to
the extent full fines are forgiven
and uncollected.
*Various Special Funds, Trial Court Trust Fund, General
Fund
SUPPORT : (Verified 8/25/11)
California Public Defenders Association (source)
Legal Services for Prisoners with Children
ARGUMENTS IN SUPPORT : According to the author, "In Los
Angeles alone there are over 1 million outstanding bench
warrants for unpaid fines and fees. When individuals are
unable to pay their fines and fees, not only are localities
unable to capture much needed resources, but often, such
individuals are required to spend time in jail for failure
to pay, requiring localities to incur additional costs.
Previous amnesty programs have brought in much needed,
otherwise unattainable resources into local coffers.
Further, by providing individuals a short window of time
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during which they may pay outstanding amounts at a reduced
rate, many who would otherwise be unable to pay outstanding
fines and fees are able to do so."
ASSEMBLY FLOOR : 74-1, 5/26/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Chesbro, Conway, Cook, Dickinson, Donnelly, Eng,
Feuer, Fletcher, Fong, Fuentes, Beth Gaines, Galgiani,
Garrick, Gatto, Gordon, Grove, Hagman, Halderman, Hall,
Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso,
Huffman, Jeffries, Knight, Lara, Logue, Bonnie Lowenthal,
Ma, Mendoza, Miller, Mitchell, Monning, Morrell,
Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel
Pérez, Portantino, Silva, Skinner, Smyth, Solorio,
Swanson, Torres, Valadao, Wagner, Wieckowski, Williams,
Yamada, John A. Pérez
NOES: Mansoor
NO VOTE RECORDED: Cedillo, Davis, Furutani, Gorell, Jones
RJG:do 8/30/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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