BILL NUMBER: SB 405 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 7, 2015
AMENDED IN ASSEMBLY JUNE 24, 2015
AMENDED IN SENATE JUNE 1, 2015
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Hertzberg
(Principal coauthor: Senator Leno)
(Coauthors: Senators Beall and Wieckowski)
(Coauthors: Assembly Members Atkins, Chiu, Cooley, Dodd, Gonzalez,
and Jones-Sawyer)
FEBRUARY 25, 2015
An act to amend Section 1214.1 of the Penal Code, and to add
Section 42008.9 to the Vehicle Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
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.
This 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.
Existing 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.
This 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.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1214.1 of the Penal Code is amended to read:
1214.1. (a) In addition to any other penalty in infraction,
misdemeanor, or felony cases, the court may impose a civil assessment
of up to three hundred dollars ($300) against a defendant who fails,
after notice and without good cause, to appear in court for a
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
agreed to under Section 40510.5 of the Vehicle Code. This assessment
shall be deposited in the Trial Court Trust Fund, as provided in
Section 68085.1 of the Government Code.
(b) (1) The assessment imposed pursuant to subdivision (a) shall
not become effective until at least 10 20
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. 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 shall vacate the assessment.
(2) Ability to post bail or to pay the civil assessment
shall not be a prerequisite to filing a request that the court vacate
the assessment. Imposition or collection of bail or
Payment of bail, fines, penalties, fees, or a civil
assessment shall not be required in order for the court to vacate the
assessment at the time of appearance pursuant to paragraph (1).
Payment of a civil assessment shall not preclude a
defendant from scheduling be required to schedule
a court hearing on the a pending
underlying charge.
(c) If a civil assessment is imposed pursuant to subdivision (a),
no bench warrant or warrant of arrest shall 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 pursuant to subdivision (a) shall be
subject to the due process requirements governing defense and
collection of civil money judgments generally.
(e) 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. 2. Section 42008.9 is added to the
Vehicle Code , to read:
42008.9. (a) The court shall allow a person with a driver's
license suspension pursuant to Section 13365 that was issued from
January 1, 2013, through 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
court shall direct the department to lift the suspension and restore
the person's driving privilege.
(b) Upon completion of the payment plan described in subdivision
(a), the court shall issue and file with the department the
appropriate certificate pursuant to subdivision (b) of Section 40509.
(c) This section does not affect the total amount of delinquent
fines or bail owed by the person. If a person subject to this section
defaults on the payment plan described in subdivision (a), the court
shall pursue collection of the delinquent fines or bail pursuant to
Section 1463.007 of the Penal Code. However, those collection efforts
shall not include a suspension of the person's driver's license.