SB 405, as amended, Hertzberg. Failure to appear in court: fines.
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.
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 also provide that the imposition or collection of bail or a civil assessment does not preclude a defendant from scheduling a court hearing on the underlying charge.
end deleteThis bill would instead provide that the assessment would not become effective until at least 20 calendar days after the court mails a warning notice to the defendant. The bill would provide that payment of bail, fines, penalties, fees, or a civil assessment is not required in order for the court to vacate the assessment at the time the person makes an appearance, as specified. The bill would also provide that payment of a civil assessment is not required to schedule a court hearing on a pending underlying charge.
end insertbegin insertExisting law authorized the court and county to establish a one-time amnesty program for fines or bail for specified infractions and misdemeanor violations due on or before January 1, 2009, if certain conditions were met, including that payments under the program were made between January 1, 2012, and June 30, 2012, inclusive. Existing law allowed a person owing a fine or bail that was eligible for amnesty under the program to pay to the court 50% of the total fine or bail, as defined, which the court was required to accept in full satisfaction of the delinquent fine or bail.
end insertbegin insertThis bill would require the court to allow a person with a driver’s license that is suspended for a specified reason, including violation of a written promise to appear in court, when the suspension was issued between January 1, 2013, and December 31, 2015, inclusive, and the person has an established payment plan for the fees or penalties connected to the suspension, and the person is not in default on any payments under that plan, to appear in court and ask for the suspension to be lifted and for the person’s driving privilege to be restored. The bill would require the court to direct the department to lift the suspension and restore the person’s driving privilege. The bill would require, upon completion of the payment plan, that the court file a certificate with the department indicating that the person has fully paid the amount owing. The bill would provide that these requirements do not affect the total amount of delinquent fines or penalties, and authorizes collection proceedings if the person defaults on the payment plan.
end insertVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1214.1 of the Penal Code is amended to
2read:
(a) In addition to any other penalty in infraction,
4misdemeanor, or felony cases, the court may impose a civil
5assessment of up to three hundred dollars ($300) against a
6defendant who fails, after notice and without good cause, to appear
7in court for a proceeding authorized by law or who fails to pay all
8or any portion of a fine ordered by the court or to pay an installment
9of bail as agreed to under Section 40510.5 of the Vehicle Code.
10This assessment shall be deposited in the Trial Court Trust Fund,
11as provided in Section 68085.1 of the Government Code.
12(b) (1) The assessment imposed pursuant to subdivision (a)
13shall not
become effective until at leastbegin delete 10end deletebegin insert 20end insert calendar days after
14the court mails a warning notice to the defendant by first-class
15mail to the address shown on the notice to appear or to the
16defendant’s last known address. If the defendant appears within
17the time specified in the notice and shows good cause for the failure
18to appear or for the failure to pay a fine or installment of bail, the
19court shall vacate the assessment.
20(2) begin deleteAbility to post bail or to pay the civil assessment shall not begin insertPayment
of bail,
21be a prerequisite to filing a request that the court vacate the
22assessment. Imposition or collection of bail or end delete
23fines, penalties, fees, or a civil assessment shall not be required
24in order for the court to vacate the assessment at the time of
25appearance pursuant to paragraph (1). Payment of end inserta civil
26assessment shall notbegin delete preclude a defendant from schedulingend deletebegin insert be
27required to scheduleend insert a court hearing onbegin delete theend deletebegin insert a pendingend insert underlying
28charge.
29(c) If a civil assessment is imposed pursuant to subdivision (a),
30no bench warrant or warrant of arrest shall be issued with respect
31to the failure to appear at the proceeding
for which the assessment
32is imposed or the failure to pay the fine or installment of bail. An
33outstanding, unserved bench warrant or warrant of arrest for a
34failure to appear or for a failure to pay a fine or installment of bail
35shall be recalled prior to the subsequent imposition of a civil
36assessment.
P4 1(d) The assessment imposed pursuant to subdivision (a) shall
2be subject to the due process requirements governing defense and
3collection of civil money judgments generally.
4(e) Each court and county shall maintain the collection program
5that was in effect on July 1, 2005, unless otherwise agreed to by
6the court and county. If a court and a county do not agree on a plan
7for the collection of civil assessments imposed pursuant to this
8section, or any other collections under Section
1463.010, after the
9implementation of Sections 68085.6 and 68085.7 of the
10Government Code, the court or the county may request arbitration
11by a third party mutually agreed upon by the Administrative
12Director of the Courts and the California State Association of
13Counties.
begin insertSection 42008.9 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert
begin insert(a) The court shall allow a person with a driver’s
16license suspension pursuant to Section 13365 that was issued from
17January 1, 2013, through December 31, 2015, inclusive, and the
18person has an established payment plan for the fees or penalties
19connected to the suspension, and the person is not in default on
20any payments under that plan, to appear in court and ask for the
21suspension to be lifted and for the person’s driving privilege to be
22restored. The court shall direct the department to lift the suspension
23and restore the person’s driving privilege.
24(b) Upon completion of the payment plan described in
25subdivision (a), the court shall issue and file with the department
26the appropriate certificate pursuant to subdivision (b) of Section
27
40509.
28(c) This section does not affect the total amount of delinquent
29fines or bail owed by the person. If a person subject to this section
30defaults on the payment plan described in subdivision (a), the court
31shall pursue collection of the delinquent fines or bail pursuant to
32Section 1463.007 of the Penal Code. However, those collection
33efforts shall not include a suspension of the person’s driver’s
34license.
O
95