BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 405|
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UNFINISHED BUSINESS
Bill No: SB 405
Author: Hertzberg (D), et al.
Amended: 9/4/15
Vote: 27 - Urgency
PRIOR SENATE VOTES NOT RELEVANT
ASSEMBLY FLOOR: 78-0, 9/9/15 - See last page for vote
SUBJECT: Failure to appear in court: fines
SOURCE: Author
DIGEST: This bill requires courts to allow individuals to
schedule court proceedings, even if bail or civil assessment has
been imposed, and clarifies the traffic amnesty program.
Assembly Amendments delete the one time amnesty program in this
bill and instead provide a mechanism to allow a person to
challenge a traffic infraction without posting bail or paying
fees, and makes other changes as specified below.
ANALYSIS:
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
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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
of the Penal 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.
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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
and clerical costs, as determined by the board of supervisors
or by the court, except that the fee shall not exceed $35.
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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.
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
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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.
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
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."
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
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SUPPORT: (Verified 9/9/15)
Insurance Commissioner Dave Jones
A New Way of Life Re-Entry Project
Alameda County of Board of Supervisors
American Civil Liberties Union
Compton Unified School District
Crime Victims Action Alliance
Los Angeles Conservation Corps
Legal Services for Prisoners with Children
The Association for Los Angeles Deputy Sheriffs
The Association of Deputy District Attorneys
The California Association of Code Enforcement Officers
The California Association of Local Conservation Corps
The California College and University Police Chief's Association
The California Narcotic Officers Association
The Los Angeles County Probation Officers Union, AFSCME, Local
685
OPPOSITION: (Verified 9/9/15)
None received
ASSEMBLY FLOOR: 78-0, 9/9/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,
Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,
Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,
Irwin, Jones, Kim, Lackey, Levine, Linder, Lopez, Low,
Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,
Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,
Quirk, Rendon, Rodriguez, Salas, Santiago, Steinorth, Mark
Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams,
Wood, Atkins
NO VOTE RECORDED: Jones-Sawyer, Ridley-Thomas
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Prepared by:Mary Kennedy / PUB. S. /
9/9/15 19:30:13
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