BILL ANALYSIS                                                                                                                                                                                                    Ó






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                                   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.)









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          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  







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            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)








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          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
          







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          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  







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            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)








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          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


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