AB 2871, as introduced, Obernolte. Trials by declaration.
Existing law requires the courts to provide, by rule, that a defendant may elect to have a trial by written declaration upon any alleged infraction involving a violation of a state statute or a local ordinance relating to vehicles, except as specified. Existing law requires the defendant to be granted a trial de novo if he or she is dissatisfied with a decision of the court in a proceeding pursuant to those provisions.
This bill would delete the requirement that a defendant be granted a trial de novo under the above circumstances.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 40902 of the Vehicle Code is amended
2to read:
(a) (1) begin deleteThe court , pursuant to this section, shall, by begin insertPursuant to this section, the court shall provide, by
4rule, provide end delete
5rule,end insert that the defendant may elect to have a trial by written
6declaration upon any alleged infraction, as charged by the citing
7officer, involving a violation of this code orbegin delete anyend deletebegin insert aend insert local ordinance
P2 1adopted pursuant to this code, other than an infraction cited
2pursuant to
Article 2 (commencing with Section 23152) of Chapter
312 of Division 11.
4(2) The Judicial Council may adopt rules and forms governing
5trials by declaration in accordance with this section. Any rule or
6form adopted by the Judicial Council pursuant to this paragraph
7shall supersede any local rule of a court adopted pursuant to
8paragraph (1).
9(b) If the defendant elects to have a trial by written declaration,
10the defendant shall, at the time of submitting that declaration,
11submit bail in the amount established in the uniform traffic penalty
12schedule pursuant to Section 40310. If the defendant is found not
13guilty or if the charges are otherwise dismissed, the amount of the
14bail shall be promptly refunded to the defendant.
15(c) Notwithstanding Division 10 (commencing with Section
161200) of the Evidence Code, the rules
governing trials by written
17declaration may provide for testimony and other relevant evidence
18to be introduced in the form of a notice to appear issued pursuant
19to Section 40500, a business record or receipt, a sworn declaration
20of the arresting officer, or a written statement or letter signed by
21the defendant.
22(d) If the defendant is dissatisfied with a decision of the court
23in a proceeding pursuant to this section, the defendant shall be
24granted a trial de novo.
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