BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 405


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          SENATE THIRD READING


          SB  
          405 (Hertzberg)


          As Amended  September 4, 2015


          2/3 vote. Urgency


          SENATE VOTE:  39-1


           -------------------------------------------------------------------- 
          |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              |                     |
          |                |     |                       |                     |
          |                |     |                       |                     |
           -------------------------------------------------------------------- 










                                                                     SB 405


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          SUMMARY:  Requires courts to allow individuals to schedule court  
          proceedings, even if bail or civil assessment has been imposed.   
          Clarifies the traffic amnesty program.  Specifically, this bill:  
           


          1)Provides that the ability to post bail or to pay the civil  
            assessment is not required to file 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)Disqualifies a person from the traffic amnesty program if he  
            or she makes any payment for the violation to a collection  
            program, as specified, in the county where the person is  
            seeking amnesty, after September 30, 2015.


          5)Allows the Judicial Council, in consultation with DMV, to  
            adopt procedures to allow the reinstatement of the driving  
            privilege of any person who would be eligible for traffic  
            amnesty, but has violations in more than one county.


          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  








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            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. 


          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 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  








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               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. 

             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 Vehicle  
            Code 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  








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            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  
               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  








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          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  
          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: 0002129