Amended in Assembly August 17, 2015

Amended in Assembly July 7, 2015

Amended in Assembly June 24, 2015

Amended in Senate June 1, 2015

Amended in Senate April 6, 2015

Senate Bill No. 405

Introduced by Senator Hertzberg

(Principal coauthor: Senator Leno)

(Coauthors: Senators Beall and Wieckowski)

(Coauthors: Assembly Members Atkins, begin insert Chang, end insert Chiu, Cooley, Dodd, begin insert Cristina  end insert begin insert Garcia, end insert Gonzalez, begin delete and Jones-Sawyer end delete begin insert Jones-Sawyer, and Lackey end insert )

February 25, 2015

An act to amend Section 1214.1 of the Penal Code, and to begin delete add Section 42008.9 to end delete begin insert amend Section 42008.8 of end insert 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.

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.

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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.

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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.

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Existing law requires a county to establish an amnesty program for fines and bail initially due on or before January 1, 2013, for Vehicle Code infractions to be conducted in accordance with guidelines adopted by the Judicial Council. Existing law requires the program to accept payments from October 1, 2015, to March 31, 2017, inclusive. Eligibility criteria for the program include, among other things, that the person is not currently making payments to a comprehensive collection program for fines or bail already due, as specified.

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This bill would revise that criterion to make a person eligible for the program if he or she has not made any payments after an unspecified date to a comprehensive collection program for fines or bail already due.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . 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 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) 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 be required to schedule a court hearing
on 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.

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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.

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begin insert SEC. 2. end insert   

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begin insert Section 42008.8 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

42008.8.  

(a) The Legislature finds and declares that a one-time
infraction amnesty program would do all of the following:

(1) Provide relief to individuals who have found themselves in
violation of a court-ordered obligation because they have unpaid
traffic bail or fines.

(2) Provide relief to individuals who have found themselves in
violation of a court-ordered obligation or who have had their
driving privileges suspended pursuant to Section 13365.

(3) Provide increased revenue at a time when revenue is scarce
by encouraging payment of old fines that have remained unpaid.

(4) Allow courts and counties to resolve older delinquent cases
and focus limited resources on collections for more recent cases.

(b) A one-time amnesty program for fines and bail meeting the
eligibility requirements set forth in subdivision begin delete (e) end delete begin insert (g) end insert shall be
established in each county. Unless agreed otherwise by the court
and the county in writing, the government entities that are
responsible for the collection of delinquent court-ordered debt
shall be responsible for implementation of the amnesty program
as to that debt, maintaining the same division of responsibility in
place with respect to the collection of court-ordered debt under
subdivision (b) of Section 1463.010 of the Penal Code.

(c) As used in this section, the term “fine” or “bail” refers to
the total amounts due in connection with a specific violation, which
include, but are not limited to, all of the following:

(1) Base fine or bail, as established by court order, by statute,
or by the court’s bail schedule.

(2) Penalty assessments imposed pursuant to Section 1464 of
the Penal Code, and Sections 70372, 76000, 76000.5, 76104.6,
and 76104.7 of, and paragraph (1) of subdivision (c) of Section
76000.10 of, the Government Code, and Section 42006 of this
code.

(3) State surcharges imposed pursuant to Section 1465.7 of the
Penal Code.

(4) Court operations assessments imposed pursuant to Section
1465.8 of the Penal Code.

(5) Criminal conviction assessments pursuant to Section 70373
of the Government Code.

(d) Notwithstanding subdivision (c), any civil assessment
imposed pursuant to Section 1214.1 of the Penal Code shall not
be collected, nor shall the payment of that assessment be a
requirement of participation in the amnesty program.

(e) Concurrent with the amnesty program established pursuant
to subdivision (b), between October 1, 2015, to March 31, 2017,
inclusive, the following shall apply:

(1) The court shall issue and file with the Department of Motor
Vehicles the appropriate certificate pursuant to subdivisions (a)
and (b) of Section 40509 for any participant of the one-time
amnesty program established pursuant to subdivision (b)
demonstrating that the participant has appeared in court, paid the
fine, or otherwise satisfied the court, if the driving privilege of that
participant was suspended pursuant to Section 13365 in connection
with a specific violation described in paragraph (1), (2), or (3) of
subdivision (g).

(2) The court shall issue and file with the department the
appropriate certificate pursuant to subdivisions (a) and (b) of
Section 40509 for any person in good standing in a comprehensive
collection program pursuant to subdivision (c) of Section 1463.007
of the Penal Code demonstrating that the person has appeared in
court, paid the fine, or otherwise satisfied the court, if the driving
privilege was suspended pursuant to Section 13365 in connection
with a specific violation described in paragraph (1), (2), or (3) of
subdivision (g).

(3) Any person who is eligible for a driver’s license pursuant
to Section 12801, 12801.5, or 12801.9 shall be eligible for the
amnesty program established pursuant to subdivision (b) for any
specific violation described in subdivision (g). The department
shall issue a driver’s license to any person who is eligible pursuant
to Section 12801, 12801.5, or 12801.9 if the person is participating
in the amnesty program and is otherwise eligible for the driver’s
license but for the fines or bail to be collected through the program.

(4) The Department of Motor Vehicles shall not deny reinstating
the driving privilege of any person who participates in the amnesty
program established pursuant to subdivision (b) for any fines or
bail in connection with the specific violation that is the basis for
participation in the amnesty program.

(f) In addition to, and at the same time as, the mandatory
one-time amnesty program is established pursuant to subdivision
(b), the court and the county may jointly agree to extend that
amnesty program to fines and bail imposed for a misdemeanor
violation of this code and a violation of Section 853.7 of the Penal
Code that was added to the misdemeanor case otherwise subject
to the amnesty. The amnesty program authorized pursuant to this
subdivision shall not apply to parking violations and violations of
Sections 23103, 23104, 23105, 23152, and 23153.

(g) A violation is only eligible for amnesty if paragraph (1), (2),
or (3) applies, and the requirements of paragraphs (4) to (7),
inclusive, are met:

(1) The violation is an infraction violation filed with the court.

(2) It is a violation of subdivision (a) or (b) of Section 40508,
or a violation of Section 853.7 of the Penal Code that was added
to the case subject to paragraph (1).

(3) The violation is a misdemeanor violation filed with the court
to which subdivision (f) applies.

(4) The initial due date for payment of the fine or bail was on
or before January 1, 2013.

(5) There are no outstanding misdemeanor or felony warrants
for the defendant within the county, except for misdemeanor
warrants for misdemeanor violations subject to this section.

(6) The person does not owe victim restitution on any case
within the county.

(7) The person begin delete is not currently making end delete begin insert has not made any end insert
payments begin insert after____, end insert to a comprehensive collection program
pursuant to subdivision (c) of Section 1463.007 of the Penal Code.

(h) (1) Except as provided in paragraph (2), each amnesty
program shall accept, in full satisfaction of any eligible fine or
bail, 50 percent of the fine or bail amount, as defined in subdivision
(c).

(2) If the participant certifies under penalty of perjury that he
or she receives any of the public benefits listed in subdivision (a)
of Section 68632 of the Government Code or is within the
conditions described in subdivision (b) of Section 68632 of the
Government Code, the amnesty program shall accept, in full
satisfaction of any eligible fine or bail, 20 percent of the fine or
bail amount, as defined in subdivision (c).

(i) The Judicial Council, in consultation with the California
State Association of Counties, shall adopt guidelines for the
amnesty program no later than October 1, 2015, and each program
shall be conducted in accordance with the Judicial Council’s
guidelines. As part of its guidelines, the Judicial Council shall
include all of the following:

(1) Each court or county responsible for implementation of the
amnesty program pursuant to subdivision (b) shall recover costs
pursuant to subdivision (a) of Section 1463.007 of the Penal Code
and may charge an amnesty program fee of fifty dollars ($50) that
may be collected with the receipt of the first payment of a
participant.

(2) A payment plan option created pursuant to Judicial Council
guidelines in which a monthly payment is equal to the amount that
an eligible participant can afford to pay per month consistent with
Sections 68633 and 68634 of the Government Code. If a participant
chooses the payment plan option, the county or court shall collect
all relevant information to allow for collection by the Franchise
Tax Board pursuant to existing protocols prescribed by the
Franchise Tax Board to collect delinquent debts of any amount in
which a participant is delinquent or otherwise in default under his
or her amnesty payment plan.

(3) If a participant does not comply with the terms of his or her
payment plan under the amnesty program, including failing to
make one or more payments, the appropriate agency shall send a
notice to the participant that he or she has failed to make one or
more payments and that the participant has 30 days to either resume
making payments or to request that the agency change the payment
amount. If the participant fails to respond to the notice within 30
days, the appropriate agency may refer the participant to the
Franchise Tax Board for collection of any remaining balance owed,
including an amount equal to the reasonable administrative costs
incurred by the Franchise Tax Board to collect the delinquent
amount owed. The Franchise Tax Board shall collect any
delinquent amounts owed pursuant to existing protocols prescribed
by the Franchise Tax Board. The comprehensive collection
program may also utilize additional collection efforts pursuant to
Section 1463.007 of the Penal Code, except for subparagraph (C)
of paragraph (4) of subdivision (c) of that section.

(4) A plan for outreach that will, at a minimum, make available
via an Internet Web site relevant information regarding the amnesty
program, including how an individual may participate in the
amnesty program.

(5) The Judicial Council shall reimburse costs incurred by the
Department of Motor Vehicles up to an amount not to exceed two
hundred fifty thousand dollars ($250,000), including all of the
following:

(A) Providing on a separate insert with each motor vehicle
registration renewal notice a summary of the amnesty program
established pursuant to this section that is compliant with Section
7292 of the Government Code.

(B) Posting on the department’s Internet Web site information
regarding the amnesty program.

(C) Personnel costs associated with the amnesty program.

(j) No criminal action shall be brought against a person for a
delinquent fine or bail paid under the amnesty program.

(k) (1) The total amount of funds collected under the amnesty
program shall, as soon as practical after receipt thereof, be
deposited in the county treasury or the account established under
Section 77009 of the Government Code. After acceptance of the
amount specified in subdivision (h), notwithstanding Section
1203.1d of the Penal Code, the remaining revenues collected under
the amnesty program shall be distributed on a pro rata basis in the
same manner as a partial payment distributed pursuant to Section
1462.5 of the Penal Code.

(2) Notwithstanding Section 1464 of the Penal Code, the amount
of funds collected pursuant to this section that would be available
for distribution pursuant to subdivision (f) of Section 1464 of the
Penal Code shall instead be distributed as follows:

(A) The first two hundred fifty thousand dollars ($250,000)
received shall be transferred to the Judicial Council.

(B) Following the transfer of the funds described in
subparagraph (A), once a month, both of the following transfers
shall occur:

(i) An amount equal to 82.20 percent of the amount of funds
collected pursuant to this section during the preceding month shall
be transferred into the Peace Officers’ Training Fund.

(ii) An amount equal to 17.80 percent of the amount of funds
collected pursuant to this section during the preceding month shall
be transferred into the Corrections Training Fund.

(l) Each court or county implementing an amnesty program
shall file, not later than May 31, 2017, a written report with the
Judicial Council, on a form approved by the Judicial Council. The
report shall include information about the number of cases resolved,
the amount of money collected, and the operating costs of the
amnesty program. Notwithstanding Section 10231.5 of the
Government Code, on or before August 31, 2017, the Judicial
Council shall submit a report to the Legislature summarizing the
information provided by each court or county.

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