BILL NUMBER: AB 106	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Cohn
   (Principal coauthor: Senator Alquist)

                        JANUARY 11, 2005

   An act to add Section 1465.9 to the Penal Code, relating to
battery.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 106, as introduced, Cohn.   Spousal battery: fines: amnesty.
   Existing law provides that when battery is committed against a
spouse or other specified persons, the battery is punishable by a
fine not exceeding $2,000 or by imprisonment in a county jail for not
more than one year, or by both that fine and imprisonment. Existing
law requires that if a person is granted probation for a crime in
which the victim is a spouse or other specified person, the terms of
probation include, until January 1, 2007, a minimum payment of $400,
and after January 1, 2007, a minimum payment of $200.
   This bill would require the courts of each county to establish a
one-time amnesty program for fines, bail, and other monetary
obligations that were imposed pursuant to these provisions and that
have been delinquent for not less than 6 months as of January 1,
2006. It would provide that the amount scheduled by the court shall
be 70% of the total fine, bail, or monetary obligation, or $500, and
would set forth other parameters of the amnesty program.
   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.  Section 1465.9 is added to the  Penal Code , to read:
   1465.9.  (a) The courts of each county shall establish a one-time
amnesty program for fines, bail, and other monetary obligations that
were imposed for violations of paragraph (1) of subdivision (e) of
Section 243, or pursuant to paragraph (5) of subdivision (a) of
Section 1203.097, and that have been delinquent for not less than six
months as of January 1, 2006.(b) Any person owing a fine, bail, or
other monetary obligation that is eligible for amnesty under the
program may pay to the superior or juvenile court the amount
scheduled by the court, which shall be accepted by the court in full
satisfaction of the delinquent fine, bail, or monetary obligation and
shall be either of the following:
   (1) Seventy percent of the total fine, bail, or monetary
obligation.
   (2) Five hundred dollars ($500).
   (c) The amnesty program shall be implemented by each court on a
one-time basis and conducted in accordance with Judicial Council
guidelines for a period of not less than 120 days. The program shall
operate not longer than six months from the date the court initiates
the program.
   (d) No criminal action shall be brought against any person for a
delinquent fine, bail, or monetary obligation paid under the amnesty
program and no other additional penalties, except as provided in
Section 1214.1 of the Penal Code, shall be assessed for the late
payment of the fine, bail, or monetary obligation made under the
amnesty program.