BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 405| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 405 Author: Hertzberg (D), et al. Amended: 6/1/15 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/28/15 AYES: Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone SENATE APPROPRIATIONS COMMITTEE: 5-1, 5/28/15 AYES: Lara, Beall, Hill, Leyva, Mendoza NOES: Nielsen NO VOTE RECORDED: Bates SUBJECT: Vehicles: infraction and misdemeanor violations: amnesty SOURCE: Author DIGEST: This bill allows people who participate in an amnesty program to pay off existing fines and have their driver's licenses reinstated. ANALYSIS: Existing law: 1)Provides that an infraction is not punishable by imprisonment and that a person charged with an infraction is not entitled to a jury trial or a public defender. (Penal Code § 19.6.) SB 405 Page 2 2)Sets forth the duties of the court, probation officers, and probationers in determining the terms and conditions of probation including providing that the court shall determine if there are any facts in mitigation that would be served by granting probation. (Penal Code § 1203.) 3)Provides that any person convicted of an infraction may, upon a showing that payment of the total fine would pose a hardship on the defendant, be sentenced to perform community service in lieu of the total fine that would be otherwise imposed. (Penal Code § 1209.5.) 4)Provides that in addition to any other penalty in an infraction, misdemeanor or felony the court may impose a civil penalty up to $300 against any defendant who fails to appear in court for any proceeding or fails to pay any portion of the fine ordered by the court. (Penal Code § 1214.1.) 5)Provides that the assessment shall not become effective until at least 10 calendar days after the court mails a warning to the defendant and the court shall vacate the order for the assessment if the person appears in time. (Penal Code § 1214.1(b).) 6)Provides that the assessment imposed shall be subject to the due process requirements governing defense and collection of civil money judgments generally. (Penal Code § 1214.1) 7)Provides that if any person has failed to pay a fine within the time authorized by the court to pay a fine, the magistrate or clerk of the court may give notice to the Department of Motor Vehicles (DMV) for any violation. If the fine is later fully paid then the court shall inform DMV. (Vehicle Code §§ 40509(b) and 40509.5(b).) 8)Provides that in any case when a person appears before a traffic referee or judge of the superior court for adjudication of a violation of the Vehicle Code, the court, upon request of the defendant shall consider the defendant's ability to pay and sets forth the process for making that determination. 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 SB 405 Page 3 believes reasonable and compatible with the defendant's financial ability, or if the defendant is placed on probation the court shall order the probation officer to set the amount. 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 up on the defendant and any amount the defendant has been ordered to pay in restitution. (Vehicle Code § 42003(c).) 9)Allows a person owing a fine or bail that is eligible for amnesty under this program to pay to the superior or juvenile court 70 percent of the total fine or bail, or $100 for an infraction or $500 for a misdemeanor, either amount of which must be accepted by the court in full satisfaction of the delinquent fine or bail. The one-time, voluntary amnesty program is to be conducted in accordance with Judicial Council guidelines for a period of not less than 120 days, and not longer than six months from the date the court initiated the program. (Vehicle Code § 42008.5.) 10) Requires each county to establish a one-time infraction amnesty program for fines and bail providing relief to individuals who are financially unable to pay traffic bail or fines with due dates prior to January 1, 2009, thereby allowing courts and counties to resolve older delinquent cases and focus limited resources on collecting on more recent cases. Fifty percent of the fine or bail shall be paid under the amnesty program. Payment of a fine or bail under these amnesty programs shall be accepted beginning January 1, 2012, and ending June 30, 2012. The Judicial Council shall adopt guidelines for the amnesty program no later than November 1, 2011, and each program shall be conducted in accordance with Judicial Council guidelines. (Vehicle Code § 42008.7.) This bill: 1)Provides that a county that establishes a one-time amnesty program for fines and bail shall conduct the program in accordance with guidelines provided by the Judicial Council which shall be adopted by March 1, 2016. Prior to the adoption of those guidelines each program shall be initially conducted in accordance with the Judicial Council guidelines created in accordance with Vehicle Code § 42008.7) SB 405 Page 4 2)Provides that unless agreed otherwise by the court and the county, the government entities that are responsible for the collection of delinquent court-ordered debt shall be responsible for the implementation of the amnesty program as to that debt. 3)Provides that commencing January 1, 2016, until January 1, 2018, each amnesty program shall accept in full satisfaction of any eligible fine or bail, of which the due date for payment was on or before January 1, 2013, 20% of the fine or bail if the person has income that is not more than 125% of the federal poverty level or 50% of the bail if his or her income is above 125% of the poverty level. 4)Provides that nothing shall limit the court's ability to issue an earnings withholding order or to order the person to perform community services in lieu of paying the amounts specified. 5)Provides that DMV shall restore the driving privilege of a participant in the amnesty program whose driver's license was suspended due to failure to pay fines. 6)Provides that the Judicial Council shall reimburse the DMV for all costs associated with providing a separate insert with each motor vehicle registration renewal notice a summary fo the amnesty program established by this section and posting on the DMV Web site information regarding the amnesty program. 7)Provides that no criminal action shall be brought against a person for a delinquent fine or bail paid under the amnesty program. 8)Provides that each court or county implementing an amnesty program shall file, not later than one year after establishing the program a written report with the Judicial Council with information about the number of cases resolved, the amount of money collected, and the operating costs of the amnesty program. 9)Sunsets the provisions of this bill on January 1, 2018. Background SB 405 Page 5 According to the author: Due to an increase in fines and fees and reduced access to courts, a staggering number of Californians have suspended driver licenses. These suspensions make it harder for people to retain employment, harm credit ratings, and raise public safety concerns. The loss of the ability to drive is a threat to a family's economic security. Suspended licenses can trap working poor in an impossible situation: unable to reinstate their licenses without gainful employment and unable to access employment without a license, keeping people in cycles of poverty that are difficult to overcome. A New Jersey study found that when a license was suspended, 42% of drivers lost their jobs. Of those, 45% were unable to find a new job and 88% of persons with suspended licenses reported a reduction in their income. This jeopardizes economic stability in the state and limits the workforce available. Employers are affected by having to internalize the cost to replace workers and face the challenge of finding qualified workers with valid driver licenses. By imposing fees that cannot be paid and effectively creating permanent license suspensions, the system also threatens public safety. Those with suspended licenses often drive without insurance; if there is an accident they don't have coverage. The Governor has proposed a Traffic Amnesty program in the 2015-16 Budget for $10 billion of uncollected court-ordered debt. However, any such attempt to collect, through an amnesty program or otherwise, requires the ability to pay, one which is generally lacking without the ability to drive. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes According to the Senate Appropriations Committee: License reinstatement fees: Potentially significant increase SB 405 Page 6 in fee revenue (Special Fund*) to the extent a portion of individuals will successfully establish a payment plan with the courts and reinstate their drivers' licenses, which will require a fee paid to DMV. Impact would be dependent on the number of participating counties and amnesty program participants. Judicial Council: Potentially significant costs in the range of $250,000 to reimburse DMV for all costs, including personnel costs, incurred by the DMV associated with providing a separate insert with each motor vehicle registration renewal notice that includes a summary of the amnesty program and posting on the DMV Web site information regarding the amnesty program (General Fund**). Trial court workload: Major costs potentially in excess of $5 million (General Fund**) for each year of the two-year operation of the amnesty program. This estimate assumes statewide participation in the amnesty program. To the extent a number of counties elect not to participate would reduce the impact to the representative courts in those counties. Counties: Potentially major non-reimbursable operational costs in the millions of dollars over two years to operate the amnesty program, offset in part by near-term fine revenues that otherwise may not have been collected. Fine revenue impact: Unknown, potential near-term increases in the millions of dollars, offset by long-term major reductions in collections in the millions of dollars statewide (General/Special/Local). The magnitude of fine revenues generated by the amnesty program would be dependent on various factors including, but not limited to, the number of participating counties, the number of program participants and their respective repayment amounts, the terms of the repayment programs established (as this bill's provisions do not specify payment due dates), and the number of participants ordered to community service in lieu of payment. * Motor Vehicle Account **Trial Court Trust Fund SUPPORT: (Verified 5/29/15) SB 405 Page 7 ACLU American Friends Service Committee Association for Los Angeles Deputy Sheriffs Association of Deputy District Attorneys California Association of Code Enforcement Officers California Association of Highway Patrolmen California Attorneys for Criminal Justice California Catholic Conference, Inc. California College and University Police Chief's Association California Department of Insurance California Immigrant Policy Center California In-Home Supportive Services Consumer Alliance California Narcotic Officers' Association California Partnership California Public Defenders Association Consumer Alliance Consumer Attorneys of California Courage Campaign East Bay Community Law Center Ella Baker Center for Human Rights Lawyers' Committee for Civil Rights of San Francisco Legal Services for Prisoners with Children Los Angeles Community Action Network Los Angeles County Deputy Probation Officers Union, AFSCME, Local 685 Los Angeles Police Protective League Personal Insurance Federation of California PICO California Rubicon Programs St. Mary's Center Western Center on Law and Poverty Western Regional Advocacy Project OPPOSITION: (Verified 5/29/15) None received Prepared by:Mary Kennedy / PUB. S. / 6/1/15 17:14:13 **** END **** SB 405 Page 8