BILL ANALYSIS Ó
SB 405
Page 1
Date of Hearing: July 13, 2015
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
SB
405 (Hertzberg) - As Amended July 7, 2015
SENATE VOTE: 39-1
SUBJECT: Failure to appear in court: fines.
SUMMARY: Requires courts to allow a person to schedule court
proceedings, even if bail or a court-imposed civil assessment
has been charged and not paid. Specifically, this bill:
1)Provides that the ability to post bail or to pay a
court-imposed civil assessment is not a prerequisite to a
person filing a request for the court to remove a civil
assessment for failing to appear in court for a traffic
violation, as specified.
2)States that imposition or collection of bail or a
court-imposed civil assessment shall not prevent a person from
scheduling a court hearing on the underlying charge.
3)Allows a person with a suspended driver's license as a result
SB 405
Page 2
of failing to appear in court or paying the total bail in
advance of requesting a hearing for a traffic violation, to
appear in court and to request that their suspension be lifted
if certain conditions are met.
4)Provides that the abovementioned provisions apply only to a
person who has had their driver's license suspended from
January 1, 2013, to December 31, 2015.
5)Makes technical conforming changes.
EXISTING LAW:
1)Provides that, in addition to any other penalty related to 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.
2)Provides that the assessment shall not become effective until
at least 10 calendar days after the court mails a warning to
the defendant, and requires the court to vacate the order for
the assessment if the person appears in time and shows good
cause for the failure to appear or failure to pay the fine or
installment of bail.
3)At the regulatory level, requires courts to allow a defendant
to appear for arraignment and trial without deposit of bail on
traffic infractions, except under certain circumstances.
SB 405
Page 3
4)At the regulatory level, provides that courts must inform
defendants of the option to appear in court without the
deposit of bail in any instructions or other materials that
the courts provide for the public that relate to bail for
traffic infractions. Courts must implement this subdivision
as soon as reasonably possible but no later than September 15,
2015.
FISCAL EFFECT: Unknown
COMMENTS: A recent report published by a number of community
groups, including the Western Center on Law and Poverty, found
that courts throughout California were requiring persons with
citations, including traffic violations, to pay the "total bail"
or maximum fine amount prior to being provided a right to a
hearing. In addition to a base fine, penalties, and fines tied
to a traffic citation, existing law also permits a court to
impose a $300 civil assessment on a person who fails to appear
on their scheduled court date. Under the existing statutory
framework, the report found that a $100 traffic citation would
ultimately cost a person approximately $800 if they failed to
promptly pay their fines and appear in court. Furthermore,
courts possess the authority to, and regularly do, suspend a
person's driver's license for not paying fines all at once or
not making their assigned court date, regardless of a person's
circumstances. The report concluded that the current statutory
framework creates unjust results with people who can afford to
pay having access to a hearing while on the other hand, those
who cannot, suffer substantial consequences - including a
suspended driver's license.
Recognizing this system has created hardships for many people,
emergency regulations were recently adopted that require courts
to allow a defendant to appear for arraignment and trial without
first paying the total fines on a traffic infraction. This rule
SB 405
Page 4
states that courts must inform defendants of the option to
appear in court without the deposit of bail in any instructions
or other materials that the courts provide for the public that
relate to bail for traffic infractions, including any website
information, written instructions, courtesy notices, and forms.
Courts are to implement this rule as soon as reasonably
possible, but no later than September 15, 2015. However, the
adopted regulations do not address access to courts in those
situations where an individual missed the appearance on their
traffic ticket, or failed to pay the traffic fine by the
required court date, had their driver's license suspended as a
result, and now is prevented from scheduling a court appearance
until the total bail or civil assessment is paid. The San
Francisco Gate reported that in 2013, while courts ordered
150,366 driver's license suspensions for more serious violations
such as drunk driving, the courts ordered 510,811 driver's
license suspensions for not paying traffic fines.
SB 405 intends to expand on the court's recently adopted
regulations by allowing persons who had their driver's license
suspended as a result of not paying total fines or failing to
appear in court for a minor traffic violation to appear in court
and request their driver's license suspension be lifted if they
meet certain requirements. Under the current system, the
Western Center on Law and Poverty asserts that "low income
people who cannot afford to pay full bail, are effectively
locked out of court. So, they cannot show good cause for their
non-appearance, which means they cannot avail themselves of the
benefits of the judge's other discretionary powers."
Ultimately, a driver's license suspension under these
circumstances may cause significant hardships including loss of
employment, inability to transport children, or even having a
family choose between food or paying down traffic fines.
The author claims, "due to increases in fines and fees, a
staggering number of Californians have no access to courts when
they are cited for traffic citations. Exorbitant fees can make
SB 405
Page 5
it challenging for low-income people to resolve minor traffic
infractions since many counties require fines to be paid prior
to hearing the infraction. As a result of unclear policy and
high fees, drivers do not have the opportunity to see a judge
and essentially lose their right to due process." The author
further notes that, under SB 405, providing access to courts
will provide an estimated 4.2 million people with the
opportunity to have their driver's license reinstated.
Double referral: This bill passed out of the Assembly Public
Safety Committee on July 1, 2015, with a 6-0 vote.
REGISTERED SUPPORT / OPPOSITION:
Support
AFSCME, Local 685
A New Way of Life Reentry Project
Alameda County Board of Supervisors
American Civil Liberties Union of California
Association of Deputy District Attorneys
California Association of Local Conservation Corps
SB 405
Page 6
California Department of Insurance
California Immigrant Policy Center
California Public Defenders Association
Compton Unified School District
Consumer Attorneys of California
Courage Campaign
Friends Committee on Legislation of California
Legal Services for Prisoners with Children
Los Angeles Deputy Sheriffs
Los Angeles Police Protective League
Los Angeles Probation Officers' Union
National Association of Social Workers, California Chapter
Personal Insurance Federation of California
SB 405
Page 7
Western Center on Law and Poverty
Opposition
None on file
Analysis Prepared by:Manny Leon / TRANS. / (916)
319-2093