BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
AB 877 (Skinner)
Hearing Date: 07/11/2011 Amended: 05/27/2011
Consultant: Jolie Onodera Policy Vote: Public Safety 5-2
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BILL SUMMARY: AB 877 would expand existing law that allows for
the dismissal of nonfelony Vehicle Code violations pending at the
time of a defendant's commitment to state prison, and that
prohibits the suspension or revocation of a driver's license for
a pending nonfelony offense or as a result of a notice received
for failure to appear that occurred prior to incarceration in
state prison, to also include an individual who has served 90
days or longer in a consecutive 12-month period in a county jail
or other county correctional facility, court or county
rehabilitation facility, or involuntary in home detention.
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Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
Increased court filings$100 to $200 annually, offset to a
degreeGeneral*
by workload relief for cases dismissed
Increased DMV workload Costs potentially in excess of $175
annually General
Dismissal of nonfelony Unknown; potentially significant
foregoneGen/Loc/Spec**
violations / removal revenue to the extent fines/fees are
of license suspension forgiven/uncollected
Potential local mandateUnknown; potentially significant General
reimbursable costs for preparation
and submittal of petitions/requests
Successful reentry Unknown; future cost savings in
avoidedGeneral/Local
prosecution and state/local incarceration
*Trial Court Trust Fund
**Various Special Funds
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STAFF COMMENTS: This bill meets the criteria for referral to the
Suspense File.
Existing law provides that a person shall not be subject to
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prosecution for a nonfelony offense arising out of the operation
of a motor vehicle, or a violation of the Vehicle Code that is
pending against him/her at the time of commitment to the custody
of the Secretary of the Department of Corrections and
Rehabilitation (CDCR) or the Division of Juvenile Facilities
(DJF).
Current law also provides that no driver's license shall be
suspended or revoked, nor shall the issuance or renewal of a
license be refused as a result of a pending nonfelony offense
occurring prior to the time a person was committed to the custody
of CDCR, or as a result of a notice received of failure to appear
when the offense which gave rise to the notice occurred prior to
the time a person was committed. The Department of Motor Vehicles
(DMV) must remove from its records any such notice received by it
upon receipt of satisfactory evidence that a person was committed
to the custody of CDCR after the offense which gave rise to the
notice occurred.
This bill would extend the exemption from prosecution and
prohibition on revocation or suspension of a driver's license to
persons who have served 90 days or longer in a consecutive
12-month period in a county correctional facility, court or
county rehabilitation facility, or in voluntary home detention.
This bill exempts from its provisions nonfelony offenses wherein
the DMV is required by law to immediately suspend or revoke a
license upon notice of conviction of the offense. This bill also
exempts from its provisions nonfelony offenses for driving under
the influence or reckless driving. Consistent with existing law,
the exemption from prosecution and suspension/revocation of a
driver's license does not apply to offenses committed while on
parole.
The Judicial Council indicates expanding the class of defendants
eligible for relief under the provisions of this bill will result
in an increase in filings and workload for the trial courts.
Given existing court staff vacancies, and the current volume of
petitions received from eligible CDCR inmates, the additional
workload produced by the expansion is expected to result in
increased annual clerical and judicial costs to the courts of an
unknown amount, but could range from $100,000 to $200,000
annually, depending on the volume of additional petitions. The
increased court costs would be offset to the extent some cases
would be dismissed, resulting in fewer prosecutions and
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corresponding cost savings to the trial courts. The amount of
workload relief is unknown, and would be dependent on the outcome
of the petitions filed.
The DMV would incur additional workload to expand existing law to
include defendants sentenced to local facilities throughout the
58 counties. Currently, DMV receives approximately 120 requests
on a daily basis from CDCR for removal from their records, and
the number of requests for eligible individuals under this bill
is estimated to increase DMV's existing workload significantly.
Ongoing increased costs of approximately $175,000 would be
required to develop, implement, and maintain a system for the
expanded group of individuals. DMV indicates additional costs
would be incurred for increased staffing, development of
regulations, and programming.
By authorizing the dismissal of pending nonfelony Vehicle Code
violations and prohibiting the suspension or revocation of a
driver's license for a pending nonfelony offense or as a result
of a notice received for failure to appear for specified
individuals could result in an unknown but potentially
significant amount of foregone revenue to the extent penalties,
fees, and fines for violations that otherwise would have been
collected under existing law are forgiven/uncollected. The amount
of foregone revenue would be dependent on the number of
individuals granted relief, the fee(s) associated with the
violation (whether misdemeanor or infraction), and the extent to
which the fines/fees could reasonably be collected.
The bill does not specify the entity or individual responsible
for preparing and submitting the petitions for dismissal to the
courts. As eligibility is subject to 90 days served within a
consecutive 12-month period, additional information on time
served will be required to be submitted to the courts for review
and approval. Should local agencies be required to research,
prepare, and submit paperwork for potentially eligible
individuals, the aforementioned costs may be found to be
state-reimbursable, potentially very significant given the
thousands of individuals involved.
To the extent this bill assists formerly incarcerated individuals
to successfully reenter their communities could result in future
cost savings in avoided prosecution and incarceration costs of an
unknown, but potentially significant amount.
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