BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 405|
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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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