BILL ANALYSIS �
AB 2487
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ASSEMBLY THIRD READING
AB 2487 (Wagner)
As Amended April 22, 2014
Majority vote
PUBLIC SAFETY 4-1
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|Ayes:|Melendez, Jones-Sawyer, |
| |Quirk, Waldron |
| | |
|-----+--------------------------|
|Nays:|Stone |
| | |
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SUMMARY : Deletes the requirement that a defendant that is
dissatisfied with the decision of the court, after having
elected to have a trial by declaration for an alleged traffic
infraction, shall have the right to a trial de novo.
EXISTING LAW :
1)Requires that the court shall, by rule, provide that the
defendant may elect to have a trial by written declaration
upon any alleged infraction, as charged by the citing officer,
involving a violation of the Vehicle Code, or any local
ordinance, as specified.
2)Authorizes the Judicial Council to adopt rules and forms
governing trials by declaration. Any rule or form adopted by
the Judicial Council shall supersede any local rule of court
adopted pursuant to these provisions.
3)Provides that if the defendant elects to have a trial by
written declaration, the defendant shall at the time of
submitting the declaration, submit bail in the amount
scheduled in the uniform traffic penalty schedule, as
specified. If the defendant is found not guilty or if the
charges
are otherwise dismissed, the amount of the bail shall be
promptly refunded to the defendant.
4)Notwithstanding the rule of evidence, the rules governing
trials by written declaration may provide for testimony and
AB 2487
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other relevant evidence to be introduced in the form of a
notice to appear, a business record or receipt, a sworn
declaration of the arresting officer, or a written statement,
or letter signed by the defendant.
5)Provides that if the defendant is dissatisfied with the
decision of the court in a trial by declaration shall be
granted a trial de novo.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "Under existing law
defendant charged with a Vehicle Code infraction may elect to
have a trial by written declaration on the alleged infraction,
with the exception of drug and alcohol infraction (Vehicle Code
Section 40310). If the defendant is dissatisfied with a
decision of the court in that proceeding the defendant is
entitled to a "trial de novo" or trial before a Traffic Court
which results in a waste of court resources. In some counties, a
trial de novo is requested in 40 to 50 percent of cases where
the defendant has not prevailed on the written declaration.
Rather than providing a convenient way for a traffic violator
who lives an impractical or inconvenient distance from the court
to contest matters, the process is being used to give a second
bite at the apple to win a case. AB 2487 increases the
efficiency of courts by providing that when a defendant accused
of a Vehicle Code infraction opts for a trial by written
declaration, that defendant cannot also request a new trial in
Traffic Court."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0003233
AB 2487
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