BILL NUMBER: SB 881 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 19, 2016
AMENDED IN ASSEMBLY AUGUST 15, 2016
AMENDED IN ASSEMBLY JUNE 29, 2016
AMENDED IN SENATE MAY 2, 2016
AMENDED IN SENATE MARCH 17, 2016
INTRODUCED BY Senator Hertzberg
JANUARY 15, 2016
An act to amend Section 42008.8 of the Vehicle Code, relating to
vehicles, and making an appropriation therefor.
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 881, as amended, Hertzberg. Vehicles: violations: payment of
fines and bail.
Existing law requires a county to establish an amnesty program for
unpaid fines and bail initially due on or before January
1, 2013, for Vehicle Code infractions to be conducted in accordance
with guidelines adopted by the Judicial Council. Existing law
requires the program to accept payments from October 1, 2015, to
March 31, 2017, inclusive. Existing law requires the program to
accept a reduced payment in full satisfaction of the fine or bail if
the program participant certifies under penalty of perjury that he or
she receives specified public benefits or his or her income is 125%
or less of the current poverty guidelines. Existing law
requires certain funds collected under the amnesty program to be
transferred, in specified percentages, to the Peace Officers'
Training Fund and the Corrections Training Fund, which are
continuously appropriated funds. If the driving
privilege of an amnesty program participant or a person who is in
good standing in a comprehensive collection program has been
suspended due to a Vehicle Code violation that is subject to the
amnesty program, existing law requires the court to issue and file a
certificate with the Department of Motor Vehicles demonstrating that
the participant has appeared in court, paid th e fine, or
has otherwise satisfied the court.
This bill would extend the period for acceptance of payments under
the amnesty program to December 31, 2017. The bill also would extend
the initial due date for payment of the fine or bail for an eligible
violation, from on or before January 1, 2013, to on or before
January 1, 2015, and would require a specified certificate issued by
the court to be filed within 90 days after issuance.
Because this bill would extend the terms of the amnesty program
and would expand the scope of the crime of perjury, the bill would
impose a state-mandated local program. The bill also would make an
appropriation, by increasing the amount of money that would be
deposited into continuously appropriated funds as a result of
extending the program's duration.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
This bill would require the court to issue and file the
certificate with the department within 90 days. For applications
submitted prior to January 1, 2017, the bill would require the court
to issue and file the certificate no later than March 31, 2017.
Vote: 2/3 majority . Appropriation:
yes no . Fiscal committee: yes
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 42008.8 of the Vehicle Code is amended to read:
42008.8. (a) The Legislature finds and declares that a one-time
infraction amnesty program would do all of the following:
(1) Provide relief to individuals who have found themselves in
violation of a court-ordered obligation because they have unpaid
traffic bail or fines.
(2) Provide relief to individuals who have found themselves in
violation of a court-ordered obligation or who have had their driving
privileges suspended pursuant to Section 13365.
(3) Provide increased revenue at a time when revenue is scarce by
encouraging payment of old fines that have remained unpaid.
(4) Allow courts and counties to resolve older delinquent cases
and focus limited resources on collections for more recent cases.
(b) A one-time amnesty program for unpaid fines and
bail meeting the eligibility requirements set forth in subdivision
(g) shall be established in each county through December 31,
2017. county. Unless agreed otherwise by the
court and the county in writing, the government entities that are
responsible for the collection of delinquent court-ordered debt shall
be responsible for implementation of the amnesty program as to that
debt, maintaining the same division of responsibility in place with
respect to the collection of court-ordered debt under subdivision (b)
of Section 1463.010 of the Penal Code.
(c) As used in this section, the term "fine" or "bail" refers to
the total amounts due in connection with a specific violation, which
include, but are not limited to, all of the following:
(1) Base fine or bail, as established by court order, by statute,
or by the court's bail schedule.
(2) Penalty assessments imposed pursuant to Section 1464 of the
Penal Code, and Sections 70372, 76000, 76000.5, 76104.6, and 76104.7
of, and paragraph (1) of subdivision (c) of Section 76000.10 of, the
Government Code, and Section 42006 of this code.
(3) State surcharges imposed pursuant to Section 1465.7 of the
Penal Code.
(4) Court operations assessments imposed pursuant to Section
1465.8 of the Penal Code.
(5) Criminal conviction assessments pursuant to Section 70373 of
the Government Code.
(d) Notwithstanding subdivision (c), any civil assessment imposed
pursuant to Section 1214.1 of the Penal Code shall not be collected,
nor shall the payment of that assessment be a requirement of
participation in the amnesty program.
(e) Concurrent with the amnesty program established pursuant to
subdivision (b), between October 1, 2015, to December
March 31, 2017, inclusive, the following shall
apply:
(1) The court shall issue, and file with the Department
of Motor Vehicles within 90 days, , within 90 days,
issue and file the appropriate certificate pursuant to
subdivisions (a) and (b) of Section 40509 for any participant of the
one-time amnesty program established pursuant to subdivision (b)
demonstrating that the participant has appeared in court, paid the
fine, or otherwise satisfied the court, if the driving privilege of
that participant was suspended pursuant to Section 13365 in
connection with a specific violation described in paragraph (1), (2),
or (3) of subdivision (g). For applications submitted prior to
January 1, 2017, that remain outstanding as of that date, the court
shall issue and file the certificate no later than March 31, 2017.
(2) The court shall issue, and file with the department
within 90 days, , within 90 days, issue and file with
the department the appropriate certificate pursuant to
subdivisions (a) and (b) of Section 40509 for any person in good
standing in a comprehensive collection program pursuant to
subdivision (c) of Section 1463.007 of the Penal Code demonstrating
that the person has appeared in court, paid the fine, or otherwise
satisfied the court, if the driving privilege was suspended pursuant
to Section 13365 in connection with a specific violation described in
paragraph (1), (2), or (3) of subdivision (g). For applications
submitted prior to January 1, 2017 that remain outstanding as of
that date, the court shall issue and file the certificate no later
than March 31, 2017.
(3) Any person who is eligible for a driver's license pursuant to
Section 12801, 12801.5, or 12801.9 shall be eligible for the amnesty
program established pursuant to subdivision (b) for any specific
violation described in subdivision (g). The department shall issue a
driver's license to any person who is eligible pursuant to Section
12801, 12801.5, or 12801.9 if the person is participating in the
amnesty program and is otherwise eligible for the driver's license
but for the fines or bail to be collected through the program.
(4) The Department of Motor Vehicles shall not deny reinstating
the driving privilege of any person who participates in the amnesty
program established pursuant to subdivision (b) for any fines or bail
in connection with the specific violation that is the basis for
participation in the amnesty program.
(f) In addition to, and at the same time as, the mandatory
one-time amnesty program is established pursuant to subdivision (b),
the court and the county may jointly agree to extend that amnesty
program to fines and bail imposed for a misdemeanor violation of this
code and a violation of Section 853.7 of the Penal Code that was
added to the misdemeanor case otherwise subject to the amnesty. The
amnesty program authorized pursuant to this subdivision shall not
apply to parking violations and violations of Sections 23103, 23104,
23105, 23152, and 23153.
(g) A violation is only eligible for amnesty if paragraph (1),
(2), or (3) applies, and the requirements of paragraphs (4) to (7),
inclusive, are met:
(1) The violation is an infraction violation filed with the court.
(2) It is a violation of subdivision (a) or (b) of Section 40508,
or a violation of Section 853.7 of the Penal Code that was added to
the case subject to paragraph (1).
(3) The violation is a misdemeanor violation filed with the court
to which subdivision (f) applies.
(4) The initial due date for payment of the fine or bail was on or
before January 1, 2015. 2013.
(5) There are no outstanding misdemeanor or felony warrants for
the defendant within the county, except for misdemeanor warrants for
misdemeanor violations subject to this section.
(6) The person does not owe victim restitution on any case within
the county.
(7) The person has not made any payments for the violation after
September 30, 2015, to a comprehensive collection program in the
county pursuant to subdivision (c) of Section 1463.007 of the Penal
Code.
(8) The person filed a request with the court on or before March
31, 2017.
(h) (1) Except as provided in paragraph (2), each amnesty program
shall accept, in full satisfaction of any eligible fine or bail, 50
percent of the fine or bail amount, as defined in subdivision (c).
(2) If the participant certifies under penalty of perjury that he
or she receives any of the public benefits listed in subdivision (a)
of Section 68632 of the Government Code or is within the conditions
described in subdivision (b) of Section 68632 of the Government Code,
the amnesty program shall accept, in full satisfaction of any
eligible fine or bail, 20 percent of the fine or bail amount, as
defined in subdivision (c).
(i) The Judicial Council, in consultation with the California
State Association of Counties, shall adopt guidelines for the amnesty
program no later than October 1, 2015, and each program shall be
conducted in accordance with the Judicial Council's guidelines. As
part of its guidelines, the Judicial Council shall include all of the
following:
(1) Each court or county responsible for implementation of the
amnesty program pursuant to subdivision (b) shall recover costs
pursuant to subdivision (a) of Section 1463.007 of the Penal Code and
may charge an amnesty program fee of fifty dollars ($50) that may be
collected with the receipt of the first payment of a participant.
(2) A payment plan option created pursuant to Judicial Council
guidelines in which a monthly payment is equal to the amount that an
eligible participant can afford to pay per month consistent with
Sections 68633 and 68634 of the Government Code. If a participant
chooses the payment plan option, the county or court shall collect
all relevant information to allow for collection by the Franchise Tax
Board pursuant to existing protocols prescribed by the Franchise Tax
Board to collect delinquent debts of any amount in which a
participant is delinquent or otherwise in default under his or her
amnesty payment plan.
(3) If a participant does not comply with the terms of his or her
payment plan under the amnesty program, including failing to make one
or more payments, the appropriate agency shall send a notice to the
participant that he or she has failed to make one or more payments
and that the participant has 30 days to either resume making payments
or to request that the agency change the payment amount. If the
participant fails to respond to the notice within 30 days, the
appropriate agency may refer the participant to the Franchise Tax
Board for collection of any remaining balance owed, including an
amount equal to the reasonable administrative costs incurred by the
Franchise Tax Board to collect the delinquent amount owed. The
Franchise Tax Board shall collect any delinquent amounts owed
pursuant to existing protocols prescribed by the Franchise Tax Board.
The comprehensive collection program may also utilize additional
collection efforts pursuant to Section 1463.007 of the Penal Code,
except for subparagraph (C) of paragraph (4) of subdivision (c) of
that section.
(4) A plan for outreach that will, at a minimum, make available
via an Internet Web site relevant information regarding the amnesty
program, including how an individual may participate in the amnesty
program.
(5) The Judicial Council shall reimburse costs incurred by the
Department of Motor Vehicles up to an amount not to exceed two
hundred fifty thousand dollars ($250,000), including all of the
following:
(A) Providing on a separate insert with each motor vehicle
registration renewal notice a summary of the amnesty program
established pursuant to this section that is compliant with Section
7292 of the Government Code.
(B) Posting on the department's Internet Web site information
regarding the amnesty program.
(C) Personnel costs associated with the amnesty program.
(j) The Judicial Council, in consultation with the department,
may, within its existing resources, consider, adopt, or develop
recommendations for an appropriate mechanism or mechanisms to allow
reinstatement of the driving privilege of any person who otherwise
meets the criteria for amnesty but who has violations in more than
one county.
(k) No criminal action shall be brought against a person for a
delinquent fine or bail paid under the amnesty program.
(l) (1) The total amount of funds collected under the amnesty
program shall, as soon as practical after receipt thereof, be
deposited in the county treasury or the account established under
Section 77009 of the Government Code. After acceptance of the amount
specified in subdivision (h), notwithstanding Section 1203.1d of the
Penal Code, the remaining revenues collected under the amnesty
program shall be distributed on a pro rata basis in the same manner
as a partial payment distributed pursuant to Section 1462.5 of the
Penal Code.
(2) Notwithstanding Section 1464 of the Penal Code, the amount of
funds collected pursuant to this section that would be available for
distribution pursuant to subdivision (f) of Section 1464 of the Penal
Code shall instead be distributed as follows:
(A) The first two hundred fifty thousand dollars ($250,000)
received shall be transferred to the Judicial Council.
(B) Following the transfer of the funds described in subparagraph
(A), once a month, both of the following transfers shall occur:
(i) An amount equal to 82.20 percent of the amount of funds
collected pursuant to this section during the preceding month shall
be transferred into the Peace Officers' Training Fund.
(ii) An amount equal to 17.80 percent of the amount of funds
collected pursuant to this section during the preceding month shall
be transferred into the Corrections Training Fund.
(m) Each court or county implementing an amnesty program shall
file, not later than May 31, 2017, a written report with the Judicial
Council, on a form approved by the Judicial Council. The report
shall include information about the number of cases resolved, the
amount of money collected, and the operating costs of the amnesty
program. Notwithstanding Section 10231.5 of the Government Code, on
or before August 31, 2017, the Judicial Council shall submit a report
to the Legislature summarizing the information provided by each
court or county.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.