Amended in Senate May 2, 2016

Amended in Senate March 17, 2016

Senate Bill No. 881

Introduced by Senator Hertzberg

(Coauthors: Senators Anderson, Beall, Galgiani, begin insert Hancock, Leno, end insert and Wieckowski)

(Coauthor: Assembly Member Cristina Garcia)

January 15, 2016

An act to amend Sections 1214.1 and 1463.007 of the Penal Code, and to amend Sections 12807, 12808, 40508, 40509, and 40509.5 of, to add Section 13365.7 to, and to repeal Section 13365 of, the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

SB 881, as amended, 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. Existing law requires the court to vacate the civil assessment under these circumstances 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.

This bill would provide that the ability to pay the civil assessment shall not be a prerequisite to trial, arraignment, or other court proceedings. The bill would require the driver’s failure to appear or pay to be willful in order to be subject to the civil assessment. Payment of bail, fines, penalties, fees, or a civil assessment would not be required to schedule a court hearing on the pending underlying charge.

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 engages 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. The bill would require the county’s or court’s program to provide payment plans, based on the debtor’s ability to pay.

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, and prohibits the department from issuing or renewing, a person’s driver’s license upon receipt of one of those notices, as specified.

This bill would require a court to notify the department only when the driver’s failure to appear or pay is willful. begin delete This end delete begin insert The end insert bill also would revise certain court and department administrative procedures with respect to related certifications and records. The bill would repeal certain provisions requiring the department to suspend, or prohibiting the department from issuing or renewing, 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, begin delete upon the request of the suspended driver, end delete no later than July 1, 2017. begin delete This end delete begin insert The end insert bill would specifically prohibit the department from using information reported pursuant to these provisions to suspend a driver’s license. The 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 requires the department to check the record of an applicant for driver’s license issuance or renewal for notices of failure to appear in court that have been filed with the department, and to take specified actions with respect to the issuance or renewal of the license.

This bill would limit the above requirement to notices of failure to appear for specified offenses involving driving under the influence of drugs or alcohol, or vehicular manslaughter.

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 willfully fails, after notice and without good cause,
to appear in court for a proceeding authorized by law or who
willfully 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. Payment of bail, fines, penalties, fees, or a
civil assessment shall not be required to schedule a court hearing
on the pending underlying charge.

(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. The ability to pay
the assessment shall not be a prerequisite to arraignment, trial, or
other court proceedings.

(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 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 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 provides payment plans based on the debtor’s
ability to pay, pursuant to Section 68632 of the Government Code.

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

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

(A) Attempts telephone contact with delinquent debtors for
whom the program has a telephone 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.

(5) 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.

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

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

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

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

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

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

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

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

SEC. 4.  

Section 12807 of the Vehicle Code is amended to read:

12807.  

The department shall not issue or renew a driver’s
license to any person under either of the following circumstances:

(a) When a license previously issued to the person under this
code has been suspended until the expiration of the period of the
suspension, unless cause for suspension has been removed.

(b) When a license previously issued to the person under this
code has been revoked until the expiration of one year after the
date of the revocation, except where a different period of revocation
is prescribed by this code, or unless the cause for revocation has
been removed.

SEC. 5.  

Section 12808 of the Vehicle Code is amended to read:

12808.  

(a) Before issuing or renewing any license, the
department shall check the record of the applicant for conviction
of traffic violations and traffic accidents.

(b) Before issuing or renewing any license, the department shall
check the record of the applicant for notices of failure to appear
in court filed with the department pursuant to subdivision (c) of
Section 40509.5 and shall withhold or shall not issue a license to
any applicant who has violated his or her written promise to appear
in court unless the department has received a certificate issued by
the magistrate or clerk of the court hearing the case in which the
promise was given showing that the case has been adjudicated or
unless the applicant’s record is cleared as provided in Chapter 6
(commencing with Section 41500) of Division 17. In lieu of the
certificate of adjudication, a notice from the court stating that the
original records have been lost or destroyed shall permit the
department to issue a license.

(c) (1) Any notice received by the department pursuant to
Section 40509, 40509.1, or 40509.5, except subdivision (c) of
Section 40509.5, that has been on file five years may be removed
from the department records and destroyed at the discretion of the
department.

(2) Any notice received by the department under subdivision
(c) of Section 40509.5 that has been on file 10 years may be
removed from the department records and destroyed at the
discretion of the department.

SEC. 6.  

Section 13365 of the Vehicle Code is repealed.

SEC. 7.  

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

13365.7.  

The department shall restore all driving privileges
suspended pursuant to former begin delete Section 13365 upon the request of
the suspended driver, end delete begin insert Section 13365, end insert no later than July 1, 2017.

SEC. 8.  

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 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. 9.  

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 willfully 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 a
certificate to that effect. If the court provided the department with
notice of the initial failure to appear, the certificate also shall be
filed with the department.

(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 a certificate showing that the fine has been
paid. If the court provided the department with notice of the initial
failure to pay, the certificate also shall be filed with the department.

(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 that 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.

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

SEC. 10.  

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
willfully 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 a certificate to that effect. If the court
provided the department with notice of the initial failure to appear,
the certificate also shall be filed with the department.

(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 a
certificate showing that the fine or bail has been paid. If the court
provided the department with notice of the initial failure to pay,
the certificate also shall be filed with the department.

(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 willfully 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
a certificate to that effect. If the court provided the department
with notice of the initial failure to appear, the certificate also shall
be filed with the department.

(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.

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

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