Amended in Senate May 14, 2013

Amended in Senate April 1, 2013

Senate Bill No. 366

Introduced by Senator Wright

February 20, 2013

An act to amend Sections 19.6, 1203, 1209.5, and 1214.1 of the Penal Code, and to amend Sections 40509, 40509.5, and 42003 of the Vehicle Code, relating to fines.

LEGISLATIVE COUNSEL’S DIGEST

SB 366, as amended, Wright. Traffic fines: ability to pay.

(1) Existing law requires the court to hear and determine the suitability of probation in a particular case. At the hearing, the court is required to consider any report of the probation officer, and, if the court determines that there are circumstances in mitigation of the punishment prescribed by law or that the ends of justice would be served by granting probation to the person, the court may place the person on probation.

This bill would provide, for purposes of these provisions, that circumstances in mitigation include, but are not limited to, the payment of all or part of a traffic fine or a civil assessment imposed for the failure to appear in court or to pay a fine in an infraction, misdemeanor, or felony case, and participation in court ordered community service to satisfy a traffic fine or that civil assessment.

(2) Existing law authorizes the court to sentence a person who has been convicted of an infraction, upon showing that payment of the total fine, as defined, would pose a hardship on the person or his or her family, to perform community service in lieu of the total fine that would otherwise be imposed. Existing law requires the hourly rate applicable to community service work by criminal defendants to be determined by dividing the total fine by the number of hours to be performed in lieu of the total fine.

This bill would additionally authorize the court to sentence a person who has been convicted of a misdemeanor for a failure to appear or to pay bail pursuant to specified provisions, or upon whom a civil assessment has been imposed for the failure to appear in court or to pay a fine in an infraction, misdemeanor, or felony case, upon a showing that payment of part or all of the total fine or civil assessment would pose a hardship on the person or his or her family, to perform community service in lieu of part or all of the total fine or civil assessment that would otherwise be imposed. begin insert The bill would require the court to determine that paying all or a modified amount of the total fine is a hardship if the defendant receives any of certain categories of public benefits, as specified. The bill would authorize the court to delegate to the clerk of the court the authority to grant a defendant’s request for community service based on receipt of those benefits, as specified. end insert The bill would require the community service to be performed in the begin delete person’s county of residence or another end delete county in this state chosen by the defendant. begin delete The bill would require the hourly rate applicable to community service work to be determined by dividing the base fine by the number of hours to be performed in lieu of the total fine, and would require that the hourly rate be at least 150% of the applicable minimum wage. end delete begin insert By increasing duties on local governments in connection with supervising defendants performing community service, this bill would impose a state-mandated local program. end insert

(3) Existing law authorizes the court, in addition to any other penalty in an infraction, misdemeanor, or felony case, to impose a civil assessment of up to $300 against any defendant who fails, after notice and without good cause, to appear in court for any proceeding authorized by law, or who fails to pay all or any portion of a fine ordered by the court or to pay an installment of bail, as specified. Existing law provides that the assessment shall not become effective until at least 10 calendar days after the court mails a warning notice to the defendant, and requires the court, if the defendant appears within the time specified in the notice and shows good cause for the failure to appear or for the failure to pay a fine or installment of bail, to vacate the assessment.

This bill would authorize the court, in its discretion, to waive or impose on a particular defendant, a civil assessment of not less than $10, and not more than $300, if that defendant fails, after notice and without good cause, to appear in court for any proceeding authorized by law, fails to pay all or any portion of a fine ordered by the court, or fails to pay an installment of bail, as specified. The bill would require the amount of the assessment to be based on the defendant’s ability to pay and set according to a schedule adopted by the Judicial Council. begin insert The bill would authorize the court to determine that a defendant does not have the ability to pay the assessment if the defendant demonstrates that he or she end insert begin insert receives any of certain categories of public benefits, as specified. end insert The bill would provide that the assessment shall not become effective until at least 30 calendar days after the court mails a warning notice to the defendant, and would require the court, if the defendant appears within the time specified in the notice, or beyond the time specified in the notice if there is evidence that the notice was not in fact received, and shows good cause for the failure to appear or for the failure to pay a fine or installment of bail, to vacate the assessment. begin insert The bill would require the court to vacate the assessment if the defendant provides a sworn statement under penalty of perjury that the notice was not received because the defendant is homeless or has no fixed address. end insert The bill would provide that ability to post bail or to pay the fine or civil assessment is not a prerequisite to filing a request that the court vacate the assessment. The bill would require the court to provide a process for a defendant to appear to show good cause for failure to appear, and would require the court to waive a civil assessment if the defendant meets the good cause standard for vacating a civil assessment. begin insert The bill would require the court to grant a defendant’s request to vacate the civil assessment for good cause for the inability to pay if the defendant demonstrates that he or she receives any of certain categories of public benefits, as specified. end insert

begin insert

By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.

end insert

(4) Existing law authorizes a court to give notice to the Department of Motor Vehicles if any person has willfully failed to pay a lawfully imposed fine, or bail in installments, within the time authorized by the court, except as specified. Existing law requires the court to mail a courtesy warning notice to the defendant at least 10 days before sending a notice to the department for specified violations of the Vehicle Code. If thereafter the fine is fully paid, the court is required to issue and file with the department a certificate showing that the fine has been paid.

This bill would require the court, if the fine is fully paid, or an agreement is signed to pay the fine, fee, or bail in installments, or an agreement is signed to perform community service pursuant to the provisions described in (2) above, to issue and file with the department a certificate showing that the fine has been paid or satisfied, or an agreement has been signed, and request that the license hold be lifted. The bill would prohibit the court from requiring the payment of bail, the fine, or a civil assessment before a person may request the court to vacate a civil assessment. The bill also would require the court to mail the courtesy warning notice to the defendant at least 30 days before sending a notice to the department for specified violations of the Vehicle Code. begin insert The bill would authorize the court to give notice to the Department of Motor Vehicles i end insert begin insert f a person fails to pay an outstanding fine or fee in installments or to perform community service consistent with the terms of the signed agreement end insert begin insert . end insert

(5) Existing law requires the court, in any case when a person appears before a traffic referee or judge for adjudication of a Vehicle Code violation, upon request of the defendant, to consider the defendant’s ability to pay. Among other things, the court is required to order the defendant to appear before a county officer to make an inquiry into the ability of the defendant to pay specified costs or the court may make this determination. Existing law defines the defendant’s ability to pay as the overall capability of the defendant to reimburse the costs, or a portion of the costs, of conducting the presentence investigation, preparing the presentence report, and probation. A defendant’s ability to pay includes, but is not limited to, the defendant’s present financial position, reasonably discernible future financial position, and any other factors that may bear upon the defendant’s financial capability to reimburse the county for costs.

This bill would require the court to consider the defendant’s ability to pay when a defendant appears for adjudication of any infraction. begin delete By increasing the duties of county officers, this bill would impose a state-mandated local program. end delete The bill would authorize the court to conclusively presume that a defendant does not have the ability to pay if the defendant demonstrates that he or she is receiving public benefits under specified programs, including, among others, the Supplemental Nutrition Assistance Program and Medi-Cal. This bill would also require the court to advise the defendant of the right to a determination of the ability to pay at the time of rendering judgment. begin insert The bill would authorize the court to conclusively presume that a defendant does not have the ability to pay the fine if the defendant demonstrates that he or she receives any of certain categories of public benefits, as specified. The bill would authorize the court to give notice to the Department of Motor Vehicles if a person fails to pay an outstanding fine or fee in installments or to perform community service consistent with the terms of the signed agreement. end insert

begin delete

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end delete begin delete

This bill would provide that no reimbursement is required by this act for a specified reason.

end delete begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert begin insert

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

end insert begin insert

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 19.6 of the Penal Code is amended to
read:

19.6.  

(a) An infraction is not punishable by imprisonment. A
person charged with an infraction shall not be entitled to a trial by
jury. A person charged with an infraction shall not be entitled to
have the public defender or other counsel appointed at public
expense to represent him or her unless he or she is arrested and
not released on his or her written promise to appear, his or her own
recognizance, or a deposit of bail.

(b) In any case when a person appears before a traffic referee
begin delete or end delete begin insert , end insert judge begin insert , or commissioner end insert of the superior court for adjudication
of an infraction violation, the court, upon request of the defendant,
shall consider the defendant’s ability to pay begin insert a fine or assessment end insert
in accordance with begin delete subdivision end delete begin insert subdivisions end insert (c) begin insert and (d) end insert of Section
42003 of the Vehicle Code.

SEC. 2.  

Section 1203 of the Penal Code is amended to read:

1203.  

(a) As used in this code, “probation” means the
suspension of the imposition or execution of a sentence and the
order of conditional and revocable release in the community under
the supervision of a probation officer. As used in this code,
“conditional sentence” means the suspension of the imposition or
execution of a sentence and the order of revocable release in the
community subject to conditions established by the court without
the supervision of a probation officer. It is the intent of the
Legislature that both conditional sentence and probation are
authorized whenever probation is authorized in any code as a
sentencing option for infractions or misdemeanors.

(b) (1) Except as provided in subdivision (j), if a person is
convicted of a felony and is eligible for probation, before judgment
is pronounced, the court shall immediately refer the matter to a
probation officer to investigate and report to the court, at a specified
time, upon the circumstances surrounding the crime and the prior
history and record of the person, which may be considered either
in aggravation or mitigation of the punishment.

(2) (A) The probation officer shall immediately investigate and
make a written report to the court of his or her findings and
recommendations, including his or her recommendations as to the
granting or denying of probation and the conditions of probation,
if granted.

(B) Pursuant to Section 828 of the Welfare and Institutions
Code, the probation officer shall include in his or her report any
information gathered by a law enforcement agency relating to the
taking of the defendant into custody as a minor, which shall be
considered for purposes of determining whether adjudications of
commissions of crimes as a juvenile warrant a finding that there
are circumstances in aggravation pursuant to Section 1170 or to
deny probation.

(C) If the person was convicted of an offense that requires him
or her to register as a sex offender pursuant to Sections 290 to
290.023, inclusive, or if the probation report recommends that
registration be ordered at sentencing pursuant to Section 290.006,
the probation officer’s report shall include the results of the
State-Authorized Risk Assessment Tool for Sex Offenders
(SARATSO) administered pursuant to Sections 290.04 to 290.06,
inclusive, if applicable.

(D) The probation officer shall also include in the report his or
her recommendation of both of the following:

(i) The amount the defendant should be required to pay as a
restitution fine pursuant to subdivision (b) of Section 1202.4.

(ii) Whether the court shall require, as a condition of probation,
restitution to the victim or to the Restitution Fund and the amount
thereof.

(E) The report shall be made available to the court and the
prosecuting and defense attorneys at least five days, or upon request
of the defendant or prosecuting attorney nine days, prior to the
time fixed by the court for the hearing and determination of the
report, and shall be filed with the clerk of the court as a record in
the case at the time of the hearing. The time within which the report
shall be made available and filed may be waived by written
stipulation of the prosecuting and defense attorneys that is filed
with the court or an oral stipulation in open court that is made and
entered upon the minutes of the court.

(3) (A) At a time fixed by the court, the court shall hear and
determine the application, if one has been made, or, in any case,
the suitability of probation in the particular case. At the hearing,
the court shall consider any report of the probation officer,
including the results of the SARATSO, if applicable, and shall
make a statement that it has considered the report, which shall be
filed with the clerk of the court as a record in the case. If the court
determines that there are circumstances in mitigation of the
punishment prescribed by law or that the ends of justice would be
served by granting probation to the person, it may place the person
on probation. If probation is denied, the clerk of the court shall
immediately send a copy of the report to the Department of
Corrections and Rehabilitation at the prison or other institution to
which the person is delivered.

(B) For purposes of subparagraph (A), circumstances in
mitigation of the punishment prescribed by law include, but are
not limited to, all of the following:

(i) The payment of all or part of a traffic fine.

(ii) The payment of all or part of a civil assessment imposed
under Section 1214.1.

(iii) Participation in court-ordered community service pursuant
to Section 1209.5 to satisfy a traffic fine or civil assessment
imposed under Section 1214.1.

(4) The preparation of the report or the consideration of the
report by the court may be waived only by a written stipulation of
the prosecuting and defense attorneys that is filed with the court
or an oral stipulation in open court that is made and entered upon
the minutes of the court, except that there shall be no waiver unless
the court consents thereto. However, if the defendant is ultimately
sentenced and committed to the state prison, a probation report
shall be completed pursuant to Section 1203c.

(c) If a defendant is not represented by an attorney, the court
shall order the probation officer who makes the probation report
to discuss its contents with the defendant.

(d) If a person is convicted of a misdemeanor, the court may
either refer the matter to the probation officer for an investigation
and a report or summarily pronounce a conditional sentence. If
the person was convicted of an offense that requires him or her to
register as a sex offender pursuant to Sections 290 to 290.023,
inclusive, or if the probation officer recommends that the court,
at sentencing, order the offender to register as a sex offender
pursuant to Section 290.006, the court shall refer the matter to the
probation officer for the purpose of obtaining a report on the results
of the State-Authorized Risk Assessment Tool for Sex Offenders
administered pursuant to Sections 290.04 to 290.06, inclusive, if
applicable, which the court shall consider. If the case is not referred
to the probation officer, in sentencing the person, the court may
consider any information concerning the person that could have
been included in a probation report. The court shall inform the
person of the information to be considered and permit him or her
to answer or controvert the information. For this purpose, upon
the request of the person, the court shall grant a continuance before
the judgment is pronounced.

(e) Except in unusual cases where the interests of justice would
best be served if the person is granted probation, probation shall
not be granted to any of the following persons:

(1) Unless the person had a lawful right to carry a deadly
weapon, other than a firearm, at the time of the perpetration of the
crime or his or her arrest, any person who has been convicted of
arson, robbery, carjacking, burglary, burglary with explosives,
rape with force or violence, torture, aggravated mayhem, murder,
attempt to commit murder, train wrecking, kidnapping, escape
from the state prison, or a conspiracy to commit one or more of
those crimes and who was armed with the weapon at either of those
times.

(2) Any person who used, or attempted to use, a deadly weapon
upon a human being in connection with the perpetration of the
crime of which he or she has been convicted.

(3) Any person who willfully inflicted great bodily injury or
torture in the perpetration of the crime of which he or she has been
convicted.

(4) Any person who has been previously convicted twice in this
state of a felony or in any other place of a public offense which,
if committed in this state, would have been punishable as a felony.

(5) Unless the person has never been previously convicted once
in this state of a felony or in any other place of a public offense
which, if committed in this state, would have been punishable as
a felony, any person who has been convicted of burglary with
explosives, rape with force or violence, torture, aggravated
mayhem, murder, attempt to commit murder, train wrecking,
extortion, kidnapping, escape from the state prison, a violation of
Section 286, 288, 288a, or 288.5, or a conspiracy to commit one
or more of those crimes.

(6) Any person who has been previously convicted once in this
state of a felony or in any other place of a public offense which,
if committed in this state, would have been punishable as a felony,
if he or she committed any of the following acts:

(A) Unless the person had a lawful right to carry a deadly
weapon at the time of the perpetration of the previous crime or his
or her arrest for the previous crime, he or she was armed with a
weapon at either of those times.

(B) The person used, or attempted to use, a deadly weapon upon
a human being in connection with the perpetration of the previous
crime.

(C) The person willfully inflicted great bodily injury or torture
in the perpetration of the previous crime.

(7) Any public official or peace officer of this state or any city,
county, or other political subdivision who, in the discharge of the
duties of his or her public office or employment, accepted or gave
or offered to accept or give any bribe, embezzled public money,
or was guilty of extortion.

(8) Any person who knowingly furnishes or gives away
phencyclidine.

(9) Any person who intentionally inflicted great bodily injury
in the commission of arson under subdivision (a) of Section 451
or who intentionally set fire to, burned, or caused the burning of,
an inhabited structure or inhabited property in violation of
subdivision (b) of Section 451.

(10) Any person who, in the commission of a felony, inflicts
great bodily injury or causes the death of a human being by the
discharge of a firearm from or at an occupied motor vehicle
proceeding on a public street or highway.

(11) Any person who possesses a short-barreled rifle or a
short-barreled shotgun under Section 33215, a machinegun under
Section 32625, or a silencer under Section 33410.

(12) Any person who is convicted of violating Section 8101 of
the Welfare and Institutions Code.

(13) Any person who is described in subdivision (b) or (c) of
Section 27590.

(f) When probation is granted in a case which comes within
subdivision (e), the court shall specify on the record and shall enter
on the minutes the circumstances indicating that the interests of
justice would best be served by that disposition.

(g) If a person is not eligible for probation, the judge shall refer
the matter to the probation officer for an investigation of the facts
relevant to determination of the amount of a restitution fine
pursuant to subdivision (b) of Section 1202.4 in all cases where
the determination is applicable. The judge, in his or her discretion,
may direct the probation officer to investigate all facts relevant to
the sentencing of the person. Upon that referral, the probation
officer shall immediately investigate the circumstances surrounding
the crime and the prior record and history of the person and make
a written report to the court of his or her findings. The findings
shall include a recommendation of the amount of the restitution
fine as provided in subdivision (b) of Section 1202.4.

(h) If a defendant is convicted of a felony and a probation report
is prepared pursuant to subdivision (b) or (g), the probation officer
may obtain and include in the report a statement of the comments
of the victim concerning the offense. The court may direct the
probation officer not to obtain a statement if the victim has in fact
testified at any of the court proceedings concerning the offense.

(i) A probationer shall not be released to enter another state
unless his or her case has been referred to the Administrator of the
Interstate Probation and Parole Compacts, pursuant to the Uniform
Act for Out-of-State Probationer or Parolee Supervision (Article
3 (commencing with Section 11175) of Chapter 2 of Title 1 of Part
4) and the probationer has reimbursed the county that has
jurisdiction over his or her probation case the reasonable costs of
processing his or her request for interstate compact supervision.
The amount and method of reimbursement shall be in accordance
with Section 1203.1b.

(j) In any court where a county financial evaluation officer is
available, in addition to referring the matter to the probation officer,
the court may order the defendant to appear before the county
financial evaluation officer for a financial evaluation of the
defendant’s ability to pay restitution, in which case the county
financial evaluation officer shall report his or her findings regarding
restitution and other court-related costs to the probation officer on
the question of the defendant’s ability to pay those costs.

Any order made pursuant to this subdivision may be enforced
as a violation of the terms and conditions of probation upon willful
failure to pay and at the discretion of the court, may be enforced
in the same manner as a judgment in a civil action, if any balance
remains unpaid at the end of the defendant’s probationary period.

(k) Probation shall not be granted to, nor shall the execution of,
or imposition of sentence be suspended for, any person who is
convicted of a violent felony, as defined in subdivision (c) of
Section 667.5, or a serious felony, as defined in subdivision (c) of
Section 1192.7, and who was on probation for a felony offense at
the time of the commission of the new felony offense.

SEC. 3.  

Section 1209.5 of the Penal Code is amended to read:

1209.5.  

(a) Notwithstanding any other law, a person described
in paragraph (1), (2), or (3) of subdivision (b) may, upon a showing
that payment of begin delete part or all of end delete the total begin insert or modified end insert fine begin delete or civil
assessment end delete begin insert amount end insert would pose a hardship on the defendant or his
or her family, be sentenced to perform community service in lieu
of begin delete part or all of end delete the total begin insert or modified end insert fine begin delete or civil assessment end delete begin insert amount end insert
that would otherwise be imposed. The defendant shall perform
community service begin insert according to the schedule set forth in
subdivision (d) end insert in the defendant’s county of begin delete residence, or another
county in this state chosen by the defendant, at the hourly rate
applicable to community service work performed by criminal
defendants end delete begin insert choice end insert .

(b) Subdivision (a) shall apply to a person described by any of
the following:

(1) Convicted of an infraction.

(2) Convicted of a misdemeanor for a failure to appear or to
pay bail pursuant to subdivision (a) or (b) of Section 40508 of the
Vehicle Code or Section 853.7 of this code.

(3) Upon whom a civil assessment has been imposed for a failure
to appear in court or to pay a fine pursuant to Section 1214.1.

(c) For the purposes of this section, begin delete both of end delete the following shall
apply:

(1) “Total fine” means the base fine and all assessments,
begin insert including civil assessments, end insert penalties, and additional moneys to
be paid by the defendant.

begin delete

(2) The hourly rate applicable to community service work by
criminal defendants shall be determined by dividing the base fine
by the number of hours of community service ordered by the court
to be performed in lieu of the total fine. The hourly rate shall be
at least 150 percent of the state minimum wage or any other
applicable city or county minimum wage.

end delete begin delete

(3)

end delete

begin insert (2) end insert  If the court orders the defendant to perform community
service pursuant to this section in lieu of part or all of the total fine
begin delete or civil assessment end delete that would otherwise be imposed, the
performance of that community service work is in lieu of the total
fine, or that percentage of the total fine specified by the court. The
court shall not order the defendant to perform community service
in lieu of the base fine and still require the defendant to pay any
assessments, penalties, or additional moneys.

begin insert

(d) A defendant sentenced to perform community service
pursuant to this section shall perform the number of hours specified
as follows:

end insert begin insert

(1) For a total fine amount up to one thousand dollars ($1,000),
four hours of community service.

end insert begin insert

(2) For a total fine amount of one thousand one dollars ($1,001)
to five thousand dollars ($5,000), eight hours of community service.

end insert begin insert

(3) For a total fine amount of five thousand one dollars ($5,001)
or more, 15 hours of community service.

end insert begin insert

(e) For purposes of this section, the court shall determine that
paying the total or a modified fine is a hardship if the defendant
falls within any of the categories described in subdivision (a) of
Section 68632 of the Government Code.

end insert begin insert

(f) The court may delegate to the clerk the authority to grant a
defendant’s request for community service under subdivision (d)
if the defendant meets the eligibility and application requirements
for a fee waiver under Section 68632 of the Government Code.
The court shall not delegate to the clerk the authority to deny an
application for community service. If the court delegates its
authority, the court shall follow the processing and determination
procedures for fee waivers set forth in Sections 68633 and 68634
of the Government Code in determining the defendant’s eligibility
for community service.

end insert

SEC. 4.  

Section 1214.1 of the Penal Code is amended to read:

1214.1.  

(a)  begin insert (1) end insert begin insert   end insert In addition to any other penalty in an
infraction, misdemeanor, or felony case, the court begin delete may, in its
discretion, end delete begin insert may end insert waive or impose upon a particular defendant a
civil assessment of no less than ten dollars ($10), but no greater
than three hundred dollars ($300), if that defendant begin delete (1) end delete fails, after
notice and without good cause, to appear in court for any
proceeding authorized by law, begin delete (2) end delete fails to pay all or any portion
of a fine ordered by the court, or begin delete (3) end delete fails to pay an installment of
bail as agreed to under Section 40510.5 of the Vehicle Code. The
amount of the assessment shall be based on that defendant’s ability
to pay and set according to a schedule adopted by the Judicial
Council. This assessment shall be deposited in the Trial Court
Trust Fund, as provided in Section 68085.1 of the Government
Code. A civil assessment shall not be imposed for an infraction
violation begin delete of the Vehicle Code end delete in which the defendant was not the
driver of the vehicle.

begin insert

(2) The court may determine that a defendant does not have the
ability to pay the assessment if the defendant demonstrates that
he or she falls within one of the categories described in subdivision
(a) of Section 68632 of the Government Code.

end insert

(b) The assessment imposed under subdivision (a) shall not
become effective until at least 30 calendar days after the court
mails a warning notice to the defendant by first-class mail to the
address shown on the notice to appear or to the defendant’s last
known address. The court shall vacate the assessment if the
defendant appears within the time specified in the notice and shows
good cause for the failure to appear or for the failure to pay a fine
or installment of bail. The court also shall vacate the assessment
if the defendant appears beyond the time specified in the notice
and begin delete there is evidence end delete begin insert provides a sworn statement under penalty
of perjury end insert that the notice was not in fact received begin delete , including
evidence that end delete begin insert because end insert the defendant is homeless or does not have
a fixed address. Ability to post bail or to pay the fine or civil
assessment is not a prerequisite to filing a request that the court
vacate the assessment. Imposition of a civil assessment shall not
preclude a defendant from scheduling a court hearing on the
underlying charge begin delete if the defendant is otherwise entitled to the
hearing end delete .

(c) If a civil assessment is imposed under this section, a bench
warrant or warrant of arrest shall not be issued with respect to the
failure to appear at the proceeding for which the assessment is
imposed or the failure to pay the fine or installment of bail. An
outstanding, unserved bench warrant or warrant of arrest for a
failure to appear or for a failure to pay a fine or installment of bail
shall be recalled prior to the subsequent imposition of a civil
assessment.

(d) The assessment imposed under subdivision (a) shall be
subject to the due process requirements governing defense and
collection of civil money judgments generally. The court begin delete shall
provide a process for a defendant to appear before a judge to show
good cause for failure to appear and end delete shall not limit the grounds for
good cause for failure to appear. The court shall waive the civil
assessment when the defendant meets the good cause standard for
vacating a civil assessment.

begin insert

(e) The court shall grant a defendant’s request to vacate the
civil assessment for good cause for the inability to pay if the
defendant meets the eligibility and application requirements for
a fee waiver under subdivision (a) of Section 68632 of the
Government Code as determined under Sections 68633 and 68634
of the Government Code.

end insert begin delete

(e)

end delete

begin insert (f) end insert  Each court and county shall maintain the collection program
that was in effect on July 1, 2005, unless otherwise agreed to by
the court and county. If a court and a county do not agree on a plan
for the collection of civil assessments imposed pursuant to this
section, or any other collections under Section 1463.010, after the
implementation of Sections 68085.6 and 68085.7 of the
Government Code, the court or the county may request arbitration
by a third party mutually agreed upon by the Administrative
Director of the Courts and the California State Association of
Counties.

SEC. 5.  

Section 40509 of the Vehicle Code is amended to read:

40509.  

(a) Except as required under subdivision (c) of Section
40509.5, if any person has violated a written promise to appear or
a lawfully granted continuance of his or her promise to appear in
court or before the person authorized to receive a deposit of bail,
or violated an order to appear in court, including, but not limited
to, a written notice to appear issued in accordance with Section
40518, the magistrate or clerk of the court may give notice of the
failure to appear to the department for any violation of this code,
or any violation that can be heard by a juvenile traffic hearing
referee pursuant to Section 256 of the Welfare and Institutions
Code, or any violation of any other statute relating to the safe
operation of a vehicle, except violations not required to be reported
pursuant to paragraphs (1), (2), (3), (6), and (7) of subdivision (b)
of Section 1803. If thereafter the case in which the promise was
given is adjudicated or the person who has violated the court order
appears in court or otherwise satisfies the order of the court, the
magistrate or clerk of the court hearing the case shall sign and file
with the department a certificate to that effect.

(b)  begin insert (1) end insert begin insert   end insert If any person has willfully failed to pay a lawfully
imposed fine within the time authorized by the court or to pay a
fine pursuant to subdivision (a) of Section 42003, the magistrate
or clerk of the court may give notice of the fact to the department
for any violation, except violations not required to be reported
pursuant to paragraphs (1), (2), (3), (6), and (7) of subdivision (b)
of Section 1803. If thereafter begin delete (1) end delete the fine is fully paid, begin delete (2) end delete an
agreement is signed to pay the fine or fee in installments, or begin delete (3) end delete
an agreement is signed to perform community service pursuant to
Section 1209.5 of the Penal Code, the magistrate or clerk of the
court shall issue and file with the department a certificate showing
that the fine has been paid or satisfied pursuant to Section 1209.5
of the Penal Code, or an agreement has been signed, and request
that the license hold be lifted. The court shall not require the
payment of bail, the fine, or a civil assessment before the person
may request begin insert that end insert the court begin delete to end delete vacate a civil assessment imposed
under Section 1214.1.

begin insert

(2) If a person fails to pay an outstanding fine or fee in
installments or to perform community service consistent with the
terms of the signed agreement, the court may give notice of the
fact to the department.

end insert

(c) (1) Notwithstanding subdivisions (a) and (b), the court may
notify the department of the total amount of bail, fines,
assessments, and fees authorized or required by this code, including
Section 40508.5, which are unpaid by any person.

(2) Once a court has established the amount of bail, fines,
assessments, and fees, and notified the department, the court shall
not further enhance or modify that amount.

(3) This subdivision applies only to violations of this code that
do not require a mandatory court appearance, are not contested by
the defendant, and do not require proof of correction certified by
the court.

(d) With respect to a violation of this code, this section is
applicable to any court which has not elected to be subject to the
notice requirements of subdivision (b) of Section 40509.5.

(e) Any violation subject to Section 40001, which is the
responsibility of the owner of the vehicle, shall not be reported
under this section.

SEC. 6.  

Section 40509.5 of the Vehicle Code is amended to
read:

40509.5.  

(a) Except as required under subdivision (c), if, with
respect to an offense described in subdivision (e), a person has
violated his or her written promise to appear or a lawfully granted
continuance of his or her promise to appear in court or before the
person authorized to receive a deposit of bail, or violated an order
to appear in court, including, but not limited to, a written notice
to appear issued in accordance with Section 40518, the magistrate
or clerk of the court may give notice of the failure to appear to the
department for a violation of this code, a violation that can be
heard by a juvenile traffic hearing referee pursuant to Section 256
of the Welfare and Institutions Code, or a violation of any other
statute relating to the safe operation of a vehicle, except violations
not required to be reported pursuant to paragraphs (1), (2), (3), (6),
and (7) of subdivision (b) of Section 1803. If thereafter the case
in which the promise was given is adjudicated or the person who
has violated the court order appears in court and satisfies the order
of the court, the magistrate or clerk of the court hearing the case
shall sign and file with the department a certificate to that effect.

(b)  begin insert (1) end insert begin insert   end insert If, with respect to an offense described in subdivision
(e), a person has willfully failed to pay a lawfully imposed fine,
or bail in installments as agreed to under Section 40510.5, within
the time authorized by the court or to pay a fine pursuant to
subdivision (a) of Section 42003, the magistrate or clerk of the
court may give notice of the fact to the department for a violation,
except violations not required to be reported pursuant to paragraphs
(1), (2), (3), (6), and (7) of subdivision (b) of Section 1803. If
thereafter, (1) the fine or bail is fully paid, (2) an agreement is
signed to pay the fine, fee, or bail in installments, or (3) an
agreement is signed to perform community service pursuant to
Section 1209.5 of the Penal Code, the magistrate or clerk of the
court shall issue and file with the department a certificate showing
that the fine or bail has been paid, or that it has been or will be
satisfied by the performance of community service pursuant to
Section 1209.5 of the Penal Code, and request that the license hold
be lifted. The court shall not require the payment of bail, or the
payment of the fine or civil assessment amount, before a person
may request the court to vacate a civil assessment imposed under
Section 1214.1.

begin insert

(2) If a person fails to pay an outstanding fine or fee in
installments or to perform community service consistent with the
terms of the signed agreement, the court may give notice of the
fact to the department.

end insert

(c) If a person charged with a violation of Section 23152 or
23153, or Section 191.5 of the Penal Code, or subdivision (a) of
Section 192.5 of the Penal Code has violated a lawfully granted
continuance of his or her promise to appear in court or is released
from custody on his or her own recognizance and fails to appear
in court or before the person authorized to receive a deposit of
bail, or violated an order to appear in court, the magistrate or clerk
of the court shall give notice to the department of the failure to
appear. If thereafter the case in which the notice was given is
adjudicated or the person who has violated the court order appears
in court or otherwise satisfies the order of the court, the magistrate
or clerk of the court hearing the case shall prepare and forward to
the department a certificate to that effect.

(d) Except as required under subdivision (c), the court shall mail
a begin delete courtesy warning end delete notice to the defendant by first-class mail at
the address shown on the notice to appear, at least 30 days before
sending a notice to the department under this section.

(e) If the court notifies the department of a failure to appear begin insert , end insert or
pay a fine or bail begin insert , or perform community service end insert pursuant to
subdivision (a) or (b), no arrest warrant shall be issued for an
alleged violation of subdivision (a) or (b) of Section 40508, unless
one of the following criteria is met:

(1) The alleged underlying offense is a misdemeanor or felony.

(2) The alleged underlying offense is a violation of any provision
of Division 12 (commencing with Section 24000), Division 13
(commencing with Section 29000), or Division 15 (commencing
with Section 35000), required to be reported pursuant to Section
1803.

(3) The driver’s record does not show that the defendant has a
valid California driver’s license.

(4) The driver’s record shows an unresolved charge that the
defendant is in violation of his or her written promise to appear
for one or more other alleged violations of the law.

(f) Except as required under subdivision (c), in addition to the
proceedings described in this section, the court may elect to notify
the department pursuant to subdivision (c) of Section 40509.

(g) This section is applicable to courts that have elected to
provide notice pursuant to subdivision (b). The method of
commencing or terminating an election to proceed under this
section shall be prescribed by the department.

(h)  A violation subject to Section 40001, that is the
responsibility of the owner of the vehicle, shall not be reported
under this section.

SEC. 7.  

Section 42003 of the Vehicle Code is amended to read:

42003.  

(a) A judgment that a person convicted of an infraction
be punished by a fine may also provide for the payment to be made
within a specified time or in specified installments. A judgment
granting a defendant time to pay the fine shall order that if the
defendant fails to pay the fine or any installment thereof on the
date that it is due, he or she shall appear in court on that date for
further proceedings. Willful violation of the order is punishable
as contempt.

(b) A judgment that a person convicted of any other violation
of this code be punished by a fine may also order, adjudge, and
decree that the person be imprisoned until the fine is satisfied. In
all of these cases, the judgment shall specify the extent of the
imprisonment which shall not exceed one day for every thirty
dollars ($30) of the fine, nor extend in this case beyond the term
for which the defendant might be sentenced to imprisonment for
the offense of which he or she was convicted.

(c) (1) In any case when a person appears before a traffic
referee begin insert , commissioner, end insert or judge of the superior court for
adjudication of a violation of this code or any other infraction
violation, the court, upon request of the defendant, shall consider
the defendant’s ability to pay begin insert the fine end insert . Consideration of a
defendant’s ability to pay begin insert the fine end insert may include his or her future
earning capacity. A defendant shall bear the burden of
demonstrating lack of his or her ability to pay begin insert the fine end insert . Express
findings by the court as to the factors bearing on the amount of
the fine shall not be required. The reasonable cost of these services
and of probation shall not exceed the amount determined to be the
actual average cost thereof. The court shall order the defendant to
appear before a county officer designated by the court to make an
inquiry into the ability of the defendant to pay all or a portion of
those costs or the court begin delete or end delete begin insert , end insert traffic referee begin insert , or commissioner end insert may
make this determination at a hearing. At that hearing, the defendant
shall be entitled to have, but shall not be limited to, the opportunity
to be heard in person, to present witnesses and other documentary
evidence, to confront and cross-examine adverse witnesses, to
disclosure of the evidence against him or her, and to a written
statement of the findings of the court or the county officer. If the
court determines that the defendant has the ability to pay all or
part of the costs, the court shall set the amount to be reimbursed
and order the defendant to pay that sum to the county in the manner
in which the court believes reasonable and compatible with the
defendant’s financial ability; or, with the consent of a defendant
who is placed on probation, the court shall order the probation
officer to set the amount of payment, which shall not exceed the
maximum amount set by the court, and the manner in which the
payment shall be made to the county. In making a determination
of whether a defendant has the ability to pay, the court shall take
into account the amount of any fine imposed upon the defendant
and any amount the defendant has been ordered to pay in
restitution.

(2) The court may hold additional hearings during the
probationary period. If practicable, the court or the probation officer
shall order payments to be made on a monthly basis. Execution
may be issued on the order in the same manner as a judgment in
a civil action. The order to pay all or part of the costs shall not be
enforced by contempt.

(3) A payment schedule for reimbursement of the costs of
presentence investigation based on income shall be developed by
the probation department of each county and approved by the
presiding judge of the superior court.

begin delete

(d) The court may conclusively presume that any defendant
who demonstrates that he or she is receiving public benefits under
one or more of the following programs does not have the ability
to pay:

(1) Supplemental Security Income (SSI) and State
Supplementary Payment (SSP) (Article 5 (commencing with
Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare
and Institutions Code).

(2) California Work Opportunity and Responsibility to Kids
Act (CalWORKs) (Chapter 2 (commencing with Section 11200)
of Part 3 of Division 9 of the Welfare and Institutions Code) or a
federal Tribal Temporary Assistance for Needy Families (Tribal
TANF) grant program (Section 10553.25 of the Welfare and
Institutions Code).

(3) Supplemental Nutrition Assistance Program (Chapter 51
(commencing with Section 2011) of Title 7 of the United States
Code) or the California Food Assistance Program (Chapter 10.1
(commencing with Section 18930) of Part 6 of Division 9 of the
Welfare and Institutions Code).

(4) County Relief, General Relief (GR), or General Assistance
(GA) (Part 5 (commencing with Section 17000) of Division 9 of
the Welfare and Institutions Code).

(5) Cash Assistance Program for Aged, Blind, and Disabled
Legal Immigrants (CAPI) (Chapter 10.3 (commencing with Section
18937) of Part 6 of Division 9 of the Welfare and Institutions
Code).

(6) In-Home Supportive Services (IHSS) (Article 7
(commencing with Section 12300) of Chapter 3 of Part 3 of
Division 9 of the Welfare and Institutions Code).

(7) Medi-Cal (Chapter 7 (commencing with Section 14000) of
Part 3 of Division 9 of the Welfare and Institutions Code).

end delete begin insert

(d) Notwithstanding paragraph (1) of subdivision (c), the court
may conclusively presume that a defendant does not have the ability
to pay the fine if the defendant demonstrates that he or she falls
within a category described in subdivision (a) of Section 68632 of
the Government Code.

end insert

(e) The court shall advise the defendant of the right to a
determination of the ability to pay pursuant to subdivision (c) or
(d) at the time of rendering judgment.

(f) The term “ability to pay” means the overall capability of the
defendant to reimburse the costs, or a portion of the costs, of
conducting the presentence investigation, preparing the presentence
report, and probation, and includes, but is not limited to, all of the
following regarding the defendant:

(1) Present financial position.

(2) Reasonably discernible future financial position. In no event
shall the court consider a period of more than six months from the
date of the hearing for purposes of determining reasonably
discernible future financial position.

(3) Likelihood that the defendant will be able to obtain
employment within the six-month period from the date of the
hearing.

(4) Any other factors that may bear upon the defendant’s
financial capability to reimburse the county for the costs.

(g) At any time during the pendency of the judgment rendered
according to the terms of this section, a defendant against whom
a judgment has been rendered may petition the rendering court to
modify or vacate its previous judgment on the grounds of a change
of circumstances with regard to the defendant’s ability to pay the
judgment. The court shall advise the defendant of this right at the
time of rendering of the judgment.

begin delete

SEC. 8.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

end delete

begin insert

begin insert SEC. 8. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for certain
costs that may be incurred by a local agency or school district
because, in that regard, this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.

end insert begin insert

However, if the Commission on State Mandates determines that
this act contains other costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end insert