Senate Bill No. 881

Introduced by Senator Hertzberg

January 15, 2016

An act to amend Sections 1214.1 and 1463.007 of the Penal Code, and to amend Sections 40508, 40509, and 40509.5 of, to add Section 13365.7 to, to repeal Sections 13365 and 13365.5 of, the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

SB 881, as introduced, Hertzberg. Vehicles: violations.

Existing law authorizes in addition to any other penalty in infraction, misdemeanor, or felony cases, the court to impose a civil assessment of up to $300 against any defendant who fails, after notice and without good cause, to appear in court for any proceeding authorized by law or who fails to pay all or any portion of a fine ordered by the court or to pay an installment of bail, as specified.

This bill would provide that the ability to pay the civil assessment shall not be a prerequisite trial, arraignment, or other court proceedings.

Existing law authorizes any county or court to implement a “comprehensive collection program” as a separate revenue collection activity, and requires the program to meet certain criteria, one of which is that the program engage in specified activities in collecting fines or penalties. One of those activities is initiating suspensions or holds for driver’s licenses, as specified.

This bill would delete initiating suspensions or holds for driver’s licenses from the list of activities the program may engage in.

Existing law authorizes the court to notify the Department of Motor Vehicles when a person has failed to appear, failed to pay a fine or bail, or failed to comply with a court order, with respect to various violations relating to vehicles. Existing law requires the department to suspend a person’s driver’s license upon receipt of one of those notices, as specified.

This bill would delete certain provisions requiring the department to suspend a person’s driver’s license upon receipt of one of those notices, with respect to designated violations. The bill would require the department to restore driving privileges that had been suspended pursuant to the deleted provisions, upon the request of the suspended driver. This bill would declare that its provisions do not alter existing law related to suspension of the privilege to operate a motor vehicle in connection with violations relating to reckless driving or driving under the influence of alcohol or drugs, as specified.

Existing law provides that if a person convicted of an infraction fails to pay bail in installments as agreed to or a fine or an installment of a fine within the time authorized by the court, the court may impound the person’s driver’s license and order the person not to drive for a period not to exceed 30 days. Existing law also provides that if a defendant with a class C or M driver’s license satisfies the court that impounding his or her driver’s license and ordering the defendant not to drive will affect his or her livelihood, the court shall order that the person limit his or her driving for a period not to exceed 30 days to driving that is essential in the court’s determination to the person’s employment, including the person’s driving to and from his or her place of employment if other means of transportation are not reasonably available.

This bill would delete the class C and M license restrictions for that exemption, thereby permitting the holder of any driver’s license to utilize that exemption.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature finds and declares that this act
shall not be interpreted to alter existing law regarding suspension
of the privilege to operate a motor vehicle in connection with any
of the following violations:

(a) Reckless driving, pursuant to Section 23103 of the Vehicle
Code.

(b) Reckless driving proximately causing bodily injury to a
person, pursuant to Sections 23104 and 23105 of the Vehicle Code.

(c) Driving under the influence of alcohol, drugs, or both,
pursuant to Section 23152 of the Vehicle Code.

(d) Driving under the influence of alcohol, drugs, or both, and
causing bodily injury to another person, pursuant to Section 23153
of the Vehicle Code.

SEC. 2.  

Section 1214.1 of the Penal Code is amended to read:

1214.1.  

(a) In addition to any other penalty in infraction,
misdemeanor, or felony cases, the court may impose a civil
assessment of up to three hundred dollars ($300) against a
defendant who fails, after notice and without good cause, to appear
in court for a proceeding authorized by law or who fails to pay all
or any portion of a fine ordered by the court or to pay an installment
of bail as agreed to under Section 40510.5 of the Vehicle Code.
This assessment shall be deposited in the Trial Court Trust Fund,
as provided in Section 68085.1 of the Government Code.

(b) (1) The assessment imposed pursuant to subdivision (a)
shall not become effective until at least 20 calendar days after the
court mails a warning notice to the defendant by first-class mail
to the address shown on the notice to appear or to the defendant’s
last known address. If the defendant appears within the time
specified in the notice and shows good cause for the failure to
appear or for the failure to pay a fine or installment of bail, the
court shall vacate the assessment.

(2) Payment of bail, fines, penalties, fees, or a civil assessment
shall not be required in order for the court to vacate the assessment
at the time of appearance pursuant to paragraph (1). Payment of a
civil assessment shall not be required to schedule a court hearing
on a pending underlying charge.

(c) If a civil assessment is imposed pursuant to subdivision (a),
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. 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.

(d) The assessment imposed pursuant to subdivision (a) shall
be subject to the due process requirements governing defense and
collection of civil money judgments generally. begin insert The ability to pay
the assessment shall not be a prerequisite to arraignment, trial,
or other court proceedings. end insert

(e) Each court and county shall maintain the collection program
that was in effect on July 1, 2005, unless otherwise agreed to by
the court and county. If a court and a county do not agree on a plan
for the collection of civil assessments imposed pursuant to this
section, or any other collections under Section 1463.010, after the
implementation of Sections 68085.6 and 68085.7 of the
Government Code, the court or the county may request arbitration
by a third party mutually agreed upon by the Administrative
Director of the Courts and the California State Association of
Counties.

SEC. 3.  

Section 1463.007 of the Penal Code is amended to
read:

1463.007.  

(a) Notwithstanding any other begin delete provision of end delete law,
any county or court that operates a comprehensive collection
program may deduct the costs of operating that program, excluding
capital expenditures, from any revenues collected under that
program. The costs shall be deducted before any distribution of
revenues to other governmental entities required by any other
begin delete provision of end delete law. Any county or court operating a comprehensive
collection program may establish a minimum base fee, fine,
forfeiture, penalty, or assessment amount for inclusion in the
program.

(b) Once debt becomes delinquent, it continues to be delinquent
and may be subject to collection by a comprehensive collection
program. Debt is delinquent and subject to collection by a
comprehensive collection program if any of the following
conditions is met:

(1) A defendant does not post bail or appear on or before the
date on which he or she promised to appear, or any lawful
continuance of that date, if that defendant was eligible to post and
forfeit bail.

(2) A defendant does not pay the amount imposed by the court
on or before the date ordered by the court, or any lawful
continuance of that date.

(3) A defendant has failed to make an installment payment on
the date specified by the court.

(c) For the purposes of this section, a “comprehensive collection
program” is a separate and distinct revenue collection activity that
meets each of the following criteria:

(1) The program identifies and collects amounts arising from
delinquent court-ordered debt, whether or not a warrant has been
issued against the alleged violator.

(2) The program complies with the requirements of subdivision
(b) of Section 1463.010.

(3) The program engages in each of the following activities:

(A) Attempts telephone contact with delinquent debtors for
whom the program has a phone number to inform them of their
delinquent status and payment options.

(B) Notifies delinquent debtors for whom the program has an
address in writing of their outstanding obligation within 95 days
of delinquency.

(C) Generates internal monthly reports to track collections data,
such as age of debt and delinquent amounts outstanding.

(D) Uses Department of Motor Vehicles information to locate
delinquent debtors.

(E) Accepts payment of delinquent debt by credit card.

(4) The program engages in at least five of the following
activities:

(A) Sends delinquent debt to the Franchise Tax Board’s
Court-Ordered Debt Collections Program.

(B) Sends delinquent debt to the Franchise Tax Board’s
Interagency Intercept Collections Program.

begin delete

(C) Initiates driver’s license suspension or hold actions when
appropriate.

end delete begin delete

(D)

end delete

begin insert (C) end insert  Contracts with one or more private debt collectors to collect
delinquent debt.

begin delete

(E)

end delete

begin insert (D) end insert  Sends monthly bills or account statements to all delinquent
debtors.

begin delete

(F)

end delete

begin insert (E) end insert  Contracts with local, regional, state, or national skip tracing
or locator resources or services to locate delinquent debtors.

begin delete

(G)

end delete

begin insert (F) end insert  Coordinates with the probation department to locate debtors
who may be on formal or informal probation.

begin delete

(H)

end delete

begin insert (G) end insert  Uses Employment Development Department employment
and wage information to collect delinquent debt.

begin delete

(I)

end delete

begin insert (H) end insert  Establishes wage and bank account garnishments where
appropriate.

begin delete

(J)

end delete

begin insert (I) end insert  Places liens on real property owned by delinquent debtors
when appropriate.

begin delete

(K)

end delete

begin insert (J) end insert  Uses an automated dialer or automatic call distribution
system to manage telephone calls.

begin delete

(d) This section shall become operative on July 1, 2012.

end delete

SEC. 4.  

Section 13365 of the Vehicle Code is repealed.

begin delete

13365.  

(a) Upon receipt of notification of a violation of
subdivision (a) or (b) of Section 40508, the department shall take
the following action:

(1) If the notice is given pursuant to subdivision (a) or (b) of
Section 40509, if the driving record of the person who is the subject
of the notice contains one or more prior notifications of a violation
issued pursuant to Section 40509 or 40509.5, and if the person’s
driving privilege is not currently suspended under this section, the
department shall suspend the driving privilege of the person.

(2) If the notice is given pursuant to subdivision (a) or (b) of
Section 40509.5, and if the driving privilege of the person who is
the subject of the notice is not currently suspended under this
section, the department shall suspend the driving privilege of the
person.

(b) A suspension under this section shall not be effective before
a date 60 days after the date of receipt, by the department, of the
notice given specified in subdivision (a), and the notice of
suspension shall not be mailed by the department before a date 30
days after receipt of the notice given specified in subdivision (a).

The suspension shall continue until the suspended person’s
driving record does not contain any notification of a violation of
subdivision (a) or (b) of Section 40508.

end delete

SEC. 5.  

Section 13365.5 of the Vehicle Code is repealed.

begin delete

13365.5.  

(a) Upon receipt of a notification issued pursuant to
Section 40509.1, the department shall suspend the person’s
privilege to operate a motor vehicle until compliance with the court
order is shown or as prescribed in subdivision (c) of Section 12808.
The suspension under this section shall not be effective until 45
days after the giving of written notice by the department.

(b) This section does not apply to a notification of failure to
comply with a court order issued for a violation enumerated in
paragraph (1), (2), (3), (6), or (7) of subdivision (b) of Section
1803.

end delete

SEC. 6.  

Section 13365.7 is added to the Vehicle Code, to read:

13365.7.  

The department shall restore all driving privileges
suspended pursuant to former Section 13365 or 13365.5 upon the
request of the suspended driver.

SEC. 7.  

Section 40508 of the Vehicle Code is amended to read:

40508.  

(a) A person willfully violating his or her written
promise to appear or a lawfully granted continuance of his or her
promise to appear in court or before a person authorized to receive
a deposit of bail is guilty of a misdemeanor regardless of the
disposition of the charge upon which he or she was originally
arrested.

(b) A person willfully failing to pay bail in installments as
agreed to under Section 40510.5 or a lawfully imposed fine for a
violation of a provision of this code or a local ordinance adopted
pursuant to this code within the time authorized by the court and
without lawful excuse having been presented to the court on or
before the date the bail or fine is due is guilty of a misdemeanor
regardless of the full payment of the bail or fine after that time.

(c) A person willfully failing to comply with a condition of a
court order for a violation of this code, other than for failure to
appear or failure to pay a fine, is guilty of a misdemeanor,
regardless of his or her subsequent compliance with the order.

(d) If a person convicted of an infraction fails to pay bail in
installments as agreed to under Section 40510.5, or a fine or an
installment thereof, within the time authorized by the court, the
court may, except as otherwise provided in this subdivision,
impound the person’s driver’s license and order the person not to
drive for a period not to exceed 30 days. Before returning the
license to the person, the court shall endorse on the reverse side
of the license that the person was ordered not to drive, the period
for which that order was made, and the name of the court making
the order. If a defendant begin delete with a class C or M driver’s license end delete
satisfies the court that impounding his or her driver’s license and
ordering the defendant not to drive will affect his or her livelihood,
the court shall order that the person limit his or her driving for a
period not to exceed 30 days to driving that is essential in the
court’s determination to the person’s employment, including the
person’s driving to and from his or her place of employment if
other means of transportation are not reasonably available. The
court shall provide for the endorsement of the limitation on the
person’s license. The impounding of the license and ordering the
person not to drive or the order limiting the person’s driving does
not constitute a suspension of the license, but a violation of the
order constitutes contempt of court.

SEC. 8.  

Section 40509 of the Vehicle Code is amended to read:

40509.  

(a) Except as required under subdivision (c) of Section
40509.5, if any person has violated a written promise to appear or
a lawfully granted continuance of his or her promise to appear in
court or before the person authorized to receive a deposit of bail,
or violated an order to appear in court, including, but not limited
to, a written notice to appear issued in accordance with Section
40518, the magistrate or clerk of the court may give notice of the
failure to appear to the department for any violation of this code,
or any violation that can be heard by a juvenile traffic hearing
referee pursuant to Section 256 of the Welfare and Institutions
Code, or any violation of any other statute relating to the safe
operation of a vehicle, except violations not required to be reported
pursuant to paragraphs (1), (2), (3), (6), and (7) of subdivision (b)
of Section 1803. If thereafter the case in which the promise was
given is adjudicated or the person who has violated the court order
appears in court or otherwise satisfies the order of the court, the
magistrate or clerk of the court hearing the case shall sign and file
with the department a certificate to that effect.

(b) If any person has willfully failed to pay a lawfully imposed
fine within the time authorized by the court or to pay a fine
pursuant to subdivision (a) of Section 42003, the magistrate or
clerk of the court may give notice of the fact to the department for
any violation, except violations not required to be reported pursuant
to paragraphs (1), (2), (3), (6), and (7) of subdivision (b) of Section
1803. If thereafter the fine is fully paid, the magistrate or clerk of
the court shall issue and file with the department a certificate
showing that the fine has been paid.

(c) (1) Notwithstanding subdivisions (a) and (b), the court may
notify the department of the total amount of bail, fines,
assessments, and fees authorized or required by this code, including
Section 40508.5, which are unpaid by any person.

(2) Once a court has established the amount of bail, fines,
assessments, and fees, and notified the department, the court shall
not further enhance or modify that amount.

(3) This subdivision applies only to violations of this code that
do not require a mandatory court appearance, are not contested by
the defendant, and do not require proof of correction certified by
the court.

(d) With respect to a violation of this code, this section is
applicable to any court begin delete which end delete begin insert that end insert has not elected to be subject to
the notice requirements of subdivision (b) of Section 40509.5.

(e) Any violation subject to Section 40001, which is the
responsibility of the owner of the vehicle, shall not be reported
under this section.

begin insert

(f) This section does not authorize the department to suspend a
driver’s license on the basis of information reported to the
department pursuant to this section.

end insert

SEC. 9.  

Section 40509.5 of the Vehicle Code is amended to
read:

40509.5.  

(a) Except as required under subdivision (c), if, with
respect to an offense described in subdivision (e), a person has
violated his or her written promise to appear or a lawfully granted
continuance of his or her promise to appear in court or before the
person authorized to receive a deposit of bail, or violated an order
to appear in court, including, but not limited to, a written notice
to appear issued in accordance with Section 40518, the magistrate
or clerk of the court may give notice of the failure to appear to the
department for a violation of this code, a violation that can be
heard by a juvenile traffic hearing referee pursuant to Section 256
of the Welfare and Institutions Code, or a violation of any other
statute relating to the safe operation of a vehicle, except violations
not required to be reported pursuant to paragraphs (1), (2), (3), (6),
and (7) of subdivision (b) of Section 1803. If thereafter the case
in which the promise was given is adjudicated or the person who
has violated the court order appears in court and satisfies the order
of the court, the magistrate or clerk of the court hearing the case
shall sign and file with the department a certificate to that effect.

(b) If, with respect to an offense described in subdivision (e), a
person has willfully failed to pay a lawfully imposed fine, or bail
in installments as agreed to under Section 40510.5, within the time
authorized by the court or to pay a fine pursuant to subdivision (a)
of Section 42003, the magistrate or clerk of the court may give
notice of the fact to the department for a violation, except violations
not required to be reported pursuant to paragraphs (1), (2), (3), (6),
and (7) of subdivision (b) of Section 1803. If thereafter the fine or
bail is fully paid, the magistrate or clerk of the court shall issue
and file with the department a certificate showing that the fine or
bail has been paid.

(c) If a person charged with a violation of Section 23152 or
23153, or Section 191.5 of the Penal Code, or subdivision (a) of
Section 192.5 of that code has violated a lawfully granted
continuance of his or her promise to appear in court or is released
from custody on his or her own recognizance and fails to appear
in court or before the person authorized to receive a deposit of
bail, or violated an order to appear in court, the magistrate or clerk
of the court shall give notice to the department of the failure to
appear. If thereafter the case in which the notice was given is
adjudicated or the person who has violated the court order appears
in court or otherwise satisfies the order of the court, the magistrate
or clerk of the court hearing the case shall prepare and forward to
the department a certificate to that effect.

(d) Except as required under subdivision (c), the court shall mail
a courtesy warning notice to the defendant by first-class mail at
the address shown on the notice to appear, at least 10 days before
sending a notice to the department under this section.

(e) If the court notifies the department of a failure to appear or
pay a fine or bail pursuant to subdivision (a) or (b), no arrest
warrant shall be issued for an alleged violation of subdivision (a)
or (b) of Section 40508, unless one of the following criteria is met:

(1) The alleged underlying offense is a misdemeanor or felony.

(2) The alleged underlying offense is a violation of any provision
of Division 12 (commencing with Section 24000), Division 13
(commencing with Section 29000), or Division 15 (commencing
with Section 35000), required to be reported pursuant to Section
1803.

(3) The driver’s record does not show that the defendant has a
valid California driver’s license.

(4) The driver’s record shows an unresolved charge that the
defendant is in violation of his or her written promise to appear
for one or more other alleged violations of the law.

(f) Except as required under subdivision (c), in addition to the
proceedings described in this section, the court may elect to notify
the department pursuant to subdivision (c) of Section 40509.

(g) This section is applicable to courts that have elected to
provide notice pursuant to subdivision (b). The method of
commencing or terminating an election to proceed under this
section shall be prescribed by the department.

(h)  A violation subject to Section 40001, that is the
responsibility of the owner of the vehicle, shall not be reported
under this section.

begin insert

(i) (1) This section does not authorize the department to suspend
a driver’s license on the basis of information reported to the
department pursuant to this section.

end insert begin insert

(2) This subdivision does not apply to a suspension pursuant to
Section 13365.2 as a result of information provided under
subdivision (c).

end insert