BILL NUMBER: SB 881 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 29, 2016
AMENDED IN SENATE MAY 2, 2016
AMENDED IN SENATE MARCH 17, 2016
INTRODUCED BY Senator Hertzberg
(Coauthors: Senators Anderson, Beall, Galgiani, Hancock, Leno, 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 delete the
provisions requiring the court to notify the department of a failure
to pay under the above circumstances and wou ld require
the court to notify the department only when the driver's
failure to appear or pay is willful. The bill
would require the department, upon receipt of the notice, to order
the person's privilege to operate a motor vehicle to be restricted
for a period of 6 months, as specified, and the person's driving
privilege would be fully reinstated upon expiration of the 6-month
period. If, prior to the expiration of the 6-month period, 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 department would be required to immediately
reinstate the person's full driving privilege. The 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, no later than July 1, 2017. The 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)
(b) 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)
(b) 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) (b) 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 Section 13365, 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)
(b) 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 Upon receipt of the notice, the
department shall order the person's privilege to operate a motor
vehicle restricted to employment-related or medically related
purposes, including job training, for the person or a member of his
or her family. The restriction shall be effective immediately and
shall continue for a period of six months. Upon expiration of the
six-month period of restriction, the person's driving privileges
shall be fully reinstated. If, during the six-month period of
restriction, 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. effect, and the
department shall immediately reinstate the person's full driving
privilege.
(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)
(b) (1) Notwithstanding subdivisions (a) and
(b), subdivision (a), 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)
(c) Any violation subject to Section 40001, which is
the responsibility of the owner of the vehicle, shall not be reported
under this section.
(f)
(d) 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),
(b), if, with respect to an offense described in
subdivision (e), (d), 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 Upon receipt of the notice, the
department shall order the person's privilege to operate a motor
vehicle restricted to employment-related or medically related
purposes, including job training, for the person or a member of his
or her family. The restriction shall be effective immediately and
shall continue for a period of six months. Upon expiration
of the six-month period of restriction, the person's driving
privileges shall be fully reinstated. If, during the six-month period
of restriction, 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. effect, and the department shall
immediately reinstate the person's full driving privilege.
(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)
(b) 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)
(c) Except as required under subdivision (c),
(b), 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)
(d) If the court notifies the department of a failure
to appear or pay a fine or bail pursuant to
subdivision (a) or (b), (a), 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)
(e) Except as required under subdivision (c),
(b), in addition to the proceedings described in
this section, the court may elect to notify the department pursuant
to subdivision (c) (b) of Section
40509.
(g)
(f) This section is applicable to courts that have
elected to provide notice pursuant to subdivision (b).
(a). The method of commencing or terminating an
election to proceed under this section shall be prescribed by the
department.
(h)
(g) A violation subject to Section 40001, that is the
responsibility of the owner of the vehicle, shall not be reported
under this section.
(i)
(h) (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). (b).