BILL ANALYSIS Ó
SB 405
Page 1
SENATE THIRD READING
SB
405 (Hertzberg)
As Amended August 27, 2015
Majority vote
SENATE VOTE: 39-1
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+-----------------------+---------------------|
|Public Safety |6-0 |Quirk, Melendez, | |
| | |Lackey, Lopez, Low, | |
| | |Santiago | |
| | | | |
|----------------+-----+-----------------------+---------------------|
|Transportation |16-0 |Frazier, Achadjian, | |
| | |Baker, Bloom, Campos, | |
| | |Chu, Daly, Dodd, | |
| | |Eduardo Garcia, Gomez, | |
| | |Kim, Linder, Medina, | |
| | |Melendez, Nazarian, | |
| | |O'Donnell | |
| | | | |
| | | | |
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SB 405
Page 2
SUMMARY: Requires courts to allow individuals to schedule court
proceedings, even if bail or civil assessment has been imposed.
Specifically, this bill:
1)Provides that the ability to post bail or to pay the civil
assessment is not a prerequisite to filing a request that the
court vacate the assessment.
2)States that imposition or collection of a civil assessment or
bail shall not prevent a defendant from scheduling a court
hearing on the underlying charge.
3)Specifies that an assessment imposed because a person failed
to appear in court, or pay a fine as ordered by the court, not
go into effect until at least 20 calendar days after the court
mails warning notice to the person.
4)Makes a person ineligible for the traffic amnesty program if
they have made any payments to a court comprehensive
collection program, after September 30, 2015.
EXISTING LAW:
1)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.
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 the court shall vacate the order for the
assessment if the person appears in time and shows good
failure to appear or failure to pay the fine.
SB 405
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3)Specifies that if a civil assessment is imposed under this
section, 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.
4)States that 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.
5)Provides that the civil assessment imposed shall be subject to
the due process requirements governing defense and collection
of civil money judgments generally.
6)Allows the clerk of the court to accept a payment and
forfeiture of at least 10% of the total bail amount for each
infraction violation of the Vehicle Co code prior to the date
on which the defendant promised to appear, or prior to the
expiration of any lawful continuance of that date, or upon
receipt of information that an action has been filed, and
prior to the scheduled court date, if all of the following
circumstances exist:
a) The defendant is charged with an infraction violation
of this code or an infraction violation of an ordinance
adopted pursuant to the Vehicle Code.
b) The defendant submits proof of correction, when proof
of correction is mandatory for a correctable offense.
c) The offense does not require an appearance in court.
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d) The defendant signs a written agreement to pay and
forfeit the remainder of the required bail according to an
installment schedule as agreed upon with the court. The
Judicial Council shall prescribe the form of the agreement
for payment and forfeiture of bail in installments for
infraction violations.
7)Specifies that when a clerk accepts an agreement for payment
and forfeiture of bail in installments, the clerk shall
continue the appearance date of the defendant to the date to
complete payment and forfeiture of bail in the agreement.
8)Provides that for the purposes of reporting violations of the
Vehicle Code to the Department of Motor Vehicles under Section
1803, the date that the defendant signs an agreement to pay
and forfeit bail in installments shall be reported as the date
of conviction.
9)States that when the defendant fails to make an installment
payment, the court may charge a failure to appear or pay and
impose a civil assessment as specified, or issue an arrest
warrant for a failure to appear.
10)States that payment of a bail amount under this section is
forfeited when collected and shall be distributed by the court
in the same manner as other fines, penalties, and forfeitures
collected for infractions.
11)Specifies that the defendant shall pay to the clerk of the
court or the collecting agency a fee for the processing of
installment accounts. This fee shall equal the administrative
and clerical costs, as determined by the board of supervisors
or by the court, except that the fee shall not exceed $35.
12)Requires courts to allow a defendant to appear for
arraignment and trial without deposit of bail on traffic
infraction violations of the Vehicle Code. Except:
a) Courts must require the deposit of bail when the
SB 405
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defendant elects a statutory procedure that requires the
deposit of bail;
b) Courts may require the deposit of bail when the
defendant does not sign a written promise to appear as
required by the court; and
c) Courts may require a deposit of bail before trial if the
court finds, based on the circumstances of a particular
case, that the defendant is unlikely to appear as ordered
without a deposit of bail and the court expressly states
the reasons for the finding.
13)States that courts must inform defendants of the option to
appear in court without the deposit of bail in any
instructions or other materials courts provide for the public
that relate to bail for traffic infractions, including any
website information, written instructions, courtesy notices,
and forms. Courts must implement this subdivision as soon as
reasonably possible but no later than September 15, 2015.
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS: According to the author, "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 it challenging for low-income people to resolve
minor traffic infractions since many counties require fines to
be paid prior to a hearing on the infraction. As a result of
unclear policy and high fees, drivers often do not have the
opportunity to see a judge and essentially lose the right to due
process.
"The proposed solution is to reverse that general practice. It
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will have an effect on the 4.2 million California drivers who
have had their licenses suspended in the last eight years for
not paying what started out as minor traffic violations or for
missing a deadline to appear in court."
Analysis Prepared by:
David Billingsley / PUB. S. / (916) 319-3744
FN: 0001514