Bill Text: CA AB1266 | 2023-2024 | Regular Session | Amended

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Bill Title: Infractions: warrants and penalties.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2023-09-01 - In committee: Held under submission. [AB1266 Detail]

Download: California-2023-AB1266-Amended.html

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Amended  IN  Assembly  March 22, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1266

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Introduced by Assembly Member Kalra

February 16, 2023

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An act to amend Sections 19.7, 853.7, 853.8, 978.5, and 1043 of the Penal Code, and to amend Sections 1803, 40508, 40510.5, 40512, 40512.5, 40514, and 40515 of the Vehicle Code, relating to crimes.

LEGISLATIVE COUNSEL'S DIGEST

AB 1266, as amended, Kalra. Infractions: warrants and penalties.

(1) Existing law makes it a misdemeanor to willfully fail to appear in court, as specified. Existing law, when a person has failed to appear and has not posted bail, requires the magistrate to issue a warrant for the person’s arrest within 20 days of the failure to appear.

This bill would make those sections only apply when the underlying charge is not an infraction.

(2) Existing law authorizes the issuance of a bench warrant of arrest when a person fails to appear in court as promised in specified criminal proceedings.

This bill would prohibit the issuance of a bench warrant of arrest when the underlying crime is an infraction.

(3) Existing law makes it a misdemeanor to willfully fail to appear in court for a violation of the Vehicle Code. Code, and requires the court to report a conviction of this offense to the Department of Motor Vehicles.

This bill would make that misdemeanor only apply when the underlying charge is not an infraction. The bill would also remove the requirement for the court to report a conviction of this offense to the department.

(4) Existing law authorizes the imposition of a civil assessment or the issuance of an arrest warrant when a person fails to make an installment payment on bail imposed by the court for an infraction violation of the Vehicle Code. Existing law also makes it a misdemeanor to fail to pay bail in installments or to fail to pay a fine imposed for the violation of a state or local traffic law. law, and requires the court to report a conviction of this offense to the department.

This bill would repeal the misdemeanor for failure to pay a bail installment or fine. The bill would remove the authorization to issue an arrest warrant for failure to pay a bail installment. The bill would also remove the requirement for the court to report a conviction of these offenses to the department.

(5) Existing law, if a defendant does not appear at the time the case is called for a violation of the Vehicle Code, authorizes the court to declare the bail forfeited and order that no further proceedings be had in the case, or to issue a warrant for the arrest of the defendant. However, if a defendant is charged with specified crimes, including disposing of a flaming or glowing substance on or near a road and littering a highway, has previously been convicted of the same crime, and fails to appear at the time the case is called to trial, existing law authorizes the court to declare the bail forfeited and requires the court to issue a bench warrant for the arrest of the person charged, unless the magistrate finds that undue hardship will be imposed by requiring the defendant to appear.

This bill would remove the requirement that the magistrate issue a bench warrant when the person has committed one of the crimes specified above.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 The Legislature finds and declares all of the following:

(a) Each year California processes over 3 million infractions, according to data from the Judicial Council of California.

(b) Infractions are low-level violations, enforced by tickets, and punishable only by a fine. Court appearances are not required for infractions so long as a person pays their ticket. When people fail to pay the ticket or alternatively appear in court, however, state law currently authorizes courts to issue bench warrants for their arrest.

(c) An infraction bench warrant converts an otherwise infraction offense into the basis for a person’s incarceration. The punishment for failing to pay or appear is thus much more severe than the initial ticket or fine. A person’s arrest and incarceration on an infraction bench warrant, resulting from nonpayment of a fine, is effectively a form of debtor’s prison.

(d) Many people who are issued infraction tickets have good reasons for failing to pay or appear in court. Many do not receive notice, cannot afford to pay the ticket, were not able to get off work or get childcare, are experiencing mental or physical health issues, or understandably are fearful of appearing in court.

(e) Many people issued infraction tickets cannot afford to pay. A 2022 Debt Free Justice California survey of people exiting traffic courts found that over 70 percent of people could not afford to pay a $300 assessment. The Federal Reserve Board’s Survey of Household Economics and Decisionmaking found that over 40 percent of families do not have enough money saved to cover a $400 emergency expense.

(f) Black, Brown, and Indigenous people are disproportionately stopped, cited, and arrested by law enforcement for infractions. According to the Racial and Identity Profiling Advisory Board, Black people are nearly 10 times as likely to receive a citation for an infraction as White individuals. Data from the county of San Francisco show that, though Black people only make up 5.8 percent of the local population, due to systemic racism and targeted, unjust policing, 48.7 percent of those arrested for “failure to appear or pay” traffic court warrants are Black. Data obtained from the Los Angeles County Sheriff’s Department through a Public Records Act request show that nearly 90 percent of the thousands of people arrested by the Sheriff’s Department on traffic infraction bench warrants were Black or Latinx.

(g) A substantial body of social science research, including the research documented in the Ella Baker Center report “Who Pays? The True Cost of Incarceration on Families,” shows that an arrest can have adverse and long-term consequences, such as negative impacts on one’s ability to secure housing, employment, and higher education opportunities, and that even short periods of detention may make people more likely to become involved with the legal system again.

(h) Existing law provides courts with other tools to respond to nonpayment of infraction tickets, which do not involve arrest and incarceration, such as civil collections. Research from ideas42 and the University of Chicago CrimeLab shows that alternatives to warrants such as improved notices and reminders and common sense collections practices are more effective at generating timely court appearances and payments.

SEC. 2.

 It is the intent of the Legislature to eliminate arrest warrants for infractions as a step towards ending debtor’s prisons in California.

SEC. 3.

 Section 19.7 of the Penal Code is amended to read:

19.7.

 Except as otherwise provided by law, all laws relating to misdemeanors, except for the authority to issue bench warrants, shall apply to infractions, including, but not limited to, powers of peace officers, jurisdiction of courts, periods for commencing action and for bringing a case to trial, and burden of proof.

SEC. 4.

 Section 853.7 of the Penal Code is amended to read:

853.7.

 Any person who willfully violates their written promise to appear or a lawfully granted continuance of their promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the charge upon which they were originally arrested. This section shall not apply where the underlying charge is an infraction.

SEC. 5.

 Section 853.8 of the Penal Code is amended to read:

853.8.

 When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Section 853.6, the magistrate shall issue and have delivered for execution a warrant for their arrest within 20 days after their failure to appear as promised or within 20 days after their failure to appear after a lawfully granted continuance of their promise to appear. This section does not permit a warrant to issue if the underlying charge is an infraction.

SEC. 6.

 Section 978.5 of the Penal Code, as amended by Section 3 of Chapter 856 of the Statutes of 2022, is amended to read:

978.5.

 (a) A bench warrant of arrest may be issued when a defendant fails to appear in court as required by law, including, but not limited to, any of the following situations:

(1) If the defendant is ordered by a judge or magistrate to personally appear in court at a specific time and place.

(2) If the defendant is released from custody on bail and is ordered by a judge or magistrate, or other person authorized to accept bail, to personally appear in court at a specific time and place.

(3) If the defendant is released from custody on their own recognizance and promises to personally appear in court at a specific time and place.

(4) If the defendant is released from custody or arrest upon citation by a peace officer or other person authorized to issue citations and the defendant has signed a promise to personally appear in court at a specific time and place.

(5) If a defendant is authorized to appear by counsel and the court or magistrate orders that the defendant personally appear in court at a specific time and place.

(6) If an information or indictment has been filed in the superior court and the court has fixed the date and place for the defendant personally to appear for arraignment.

(7) If a defendant has been cited or arrested for misdemeanor or felony theft from a store and has failed to appear in court in connection with that charge or those charges in the previous six months.

(b) The bench warrant may be served in any county in the same manner as a warrant of arrest.

(c) This section does not apply to infractions.

(d) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 7.

 Section 978.5 of the Penal Code, as added by Section 4 of Chapter 856 of the Statutes of 2022, is amended to read:

978.5.

 (a) A bench warrant of arrest may be issued when a defendant fails to appear in court as required by law, including, but not limited to, any of the following situations:

(1) If the defendant is ordered by a judge or magistrate to personally appear in court at a specific time and place.

(2) If the defendant is released from custody on bail and is ordered by a judge or magistrate, or other person authorized to accept bail, to personally appear in court at a specific time and place.

(3) If the defendant is released from custody on their own recognizance and promises to personally appear in court at a specific time and place.

(4) If the defendant is released from custody or arrest upon citation by a peace officer or other person authorized to issue citations and the defendant has signed a promise to personally appear in court at a specific time and place.

(5) If a defendant is authorized to appear by counsel and the court or magistrate orders that the defendant personally appear in court at a specific time and place.

(6) If an information or indictment has been filed in the superior court and the court has fixed the date and place for the defendant personally to appear for arraignment.

(b) The bench warrant may be served in any county in the same manner as a warrant of arrest.

(c) This section does not apply to infractions.

(d) This section shall become operative January 1, 2026.

SEC. 8.

 Section 1043 of the Penal Code is amended to read:

1043.

 (a) Except as otherwise provided in this section, the defendant in a felony case shall be personally present at the trial.

(b) The absence of the defendant in a felony case after the trial has commenced in their physical presence shall not prevent continuing the trial to, and including, the return of the verdict in any of the following cases:

(1) Any case in which the defendant, after being warned by the judge that they will be removed if they continue their disruptive behavior, nevertheless insists on acting in a manner so disorderly, disruptive, and disrespectful of the court that the trial cannot be carried on with the defendant present in the courtroom.

(2) Any prosecution for an offense which is not punishable by death in which the defendant is voluntarily absent.

(c) Any defendant who is absent from a trial pursuant to paragraph (1) of subdivision (b) may reclaim the right to be present at the trial as soon as they are willing to act consistently with the decorum and respect inherent in the concept of courts and judicial proceedings.

(d) Subdivisions (a) and (b) shall not limit the right of a defendant to waive the right to be present in accordance with Section 977.

(e) If the defendant in a misdemeanor case fails to appear in person at the time set for trial or during the course of trial, the court shall proceed with the trial, unless good cause for a continuance exists, if the defendant has authorized their counsel to proceed in their absence pursuant to subdivision (a) of Section 977.

If there is no authorization pursuant to subdivision (a) of Section 977 and if the defendant fails to appear in person at the time set for trial or during the course of trial, the court, in its discretion, may do one or more of the following, as it deems appropriate:

(1) Continue the matter.

(2) Order bail forfeited or revoke release on the defendant’s own recognizance.

(3) Issue a bench warrant.

(4) (A) If the defendant is in custody, proceed with the trial in the defendant’s absence as authorized in subdivision (f).

(B) If the defendant is out of custody, proceed with the trial if the court finds the defendant has absented themselves voluntarily with full knowledge that the trial is to be held or is being held.

(f) (1) A trial shall be deemed to have commenced in the presence of the defendant for purposes of subdivision (b), or may proceed pursuant to paragraph (4) of subdivision (e), if the court finds, by clear and convincing evidence, all of the following to be true:

(A) The defendant is in custody and is refusing, without good cause, to appear in court on that day for that trial.

(B) The defendant has been informed of their right and obligation to be personally present in court.

(C) The defendant has been informed that the trial will proceed without the defendant being present.

(D) The defendant has been informed that they have the right to remain silent during the trial.

(E) The defendant has been informed that their absence without good cause will constitute a voluntary waiver of any constitutional or statutory right to confront any witnesses against them or to testify on their own behalf.

(F) The defendant has been informed whether or not defense counsel will be present.

(2) The court shall state on the record the reasons for the court’s findings and shall cause those findings and reasons to be entered into the minutes.

(3) If the trial lasts for more than one day, the court is required to make the findings required by this subdivision anew for each day that the defendant is absent.

(4) This subdivision does not apply to any trial in which the defendant was personally present in court at the commencement of trial.

(g) This section does not limit the right of the court to order the defendant to be personally present at the trial for purposes of identification unless counsel stipulate to the issue of identity.

(h) This section does not apply when the underlying charge is an infraction.

SEC. 9.

 Section 1803 of the Vehicle Code is amended to read:

1803.

 (a) (1) The clerk of a court in which a person was convicted of a violation of this code, was convicted of a violation of subdivision (a), (b), (c), (d), (e), or (f) of Section 655 of the Harbors and Navigation Code pertaining to a mechanically propelled vessel but not to manipulating any water skis, an aquaplane, or similar device, was convicted of a violation of Section 655.2, 655.6, 658, or 658.5 of the Harbors and Navigation Code, a violation of subdivision (a) of Section 192.5 of the Penal Code, or a violation of subdivision (b) of Section 5387 of the Public Utilities Code, was convicted of an offense involving use or possession of controlled substances under Division 10 (commencing with Section 11000) of the Health and Safety Code, was convicted of a felony offense when a commercial motor vehicle, as defined in subdivision (b) of Section 15210, was involved in, or incidental to, the commission of the offense, or was convicted of a violation of any other statute relating to the safe operation of vehicles, shall prepare within five days after conviction and immediately forward to the department at its office at Sacramento an abstract of the record of the court covering the case in which the person was so convicted. If sentencing is not pronounced in conjunction with the conviction, the abstract shall be forwarded to the department within five days after sentencing and the abstract shall be certified by the person so required to prepare it to be true and correct.

(2) For the purposes of this section, a forfeiture of bail shall be equivalent to a conviction.

(b) The following violations are not required to be reported under subdivision (a):

(1) Division 3.5 (commencing with Section 9840).

(2) Section 21113, with respect to parking violations.

(3) Chapter 9 (commencing with Section 22500) of Division 11, except Section 22526.

(4) Division 12 (commencing with Section 24000), except Sections 24002, 24004, 24250, 24409, 24604, 24800, 25103, 26707, 27151, 27315, 27360, 27800, and 27801 and Chapter 3 (commencing with Section 26301).

(5) Division 15 (commencing with Section 35000), except Chapter 5 (commencing with Section 35550).

(6) Violations for which a person was cited as a pedestrian or while operating a bicycle or a motorized scooter.

(7) Division 16.5 (commencing with Section 38000), except Sections 38301, 38301.3, 38301.5, 38304.1, and 38504.1.

(8) Subdivision (b) of Section 23221, subdivision (b) of Section 23223, subdivision (b) of Section 23225, and subdivision (b) of Section 23226.

(9) Section 40508.

(c) If the court impounds a license or orders a person to limit their driving pursuant to subdivision (c) of Section 40508, the court shall notify the department concerning the impoundment or limitation on an abstract prepared pursuant to subdivision (a) of this section or on a separate abstract, that shall be prepared within five days after the impoundment or limitation was ordered and immediately forwarded to the department at its office in Sacramento.

(d) If the court determines that a prior judgment of conviction of a violation of Section 23152 or 23153 is valid or is invalid on constitutional grounds pursuant to Section 41403, the clerk of the court in which the determination is made shall prepare an abstract of that determination and forward it to the department in the same manner as an abstract of record pursuant to subdivision (a).

(e) Within five days of an order terminating or revoking probation under Section 23602, the clerk of the court in which the order terminating or revoking probation was entered shall prepare and immediately forward to the department, at its office in Sacramento, an abstract of the record of the court order terminating or revoking probation and any other order of the court to the department required by law.

SEC. 10.

 Section 40508 of the Vehicle Code is amended to read:

40508.

 (a) A person willfully violating their written promise to appear or a lawfully granted continuance of their 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 the person was originally arrested. This subdivision does not apply where the original charge was an infraction.

(b) 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 subsequent compliance with the order.

(c) 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 with a class C or M driver’s license satisfies the court that impounding their driver’s license and ordering the defendant not to drive will affect their livelihood, the court shall order that the person limit their 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 the 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. 11.

 Section 40510.5 of the Vehicle Code is amended to read:

40510.5.

 (a) The clerk of the court may accept a payment and forfeiture of at least 10 percent of the total bail amount for each infraction violation of this code prior to the date on which the defendant promised to appear, or prior to the expiration of any lawful continuance of that date, or upon receipt of information that an action has been filed and prior to the scheduled court date, if all of the following circumstances exist:

(1) The defendant is charged with an infraction violation of this code or an infraction violation of an ordinance adopted pursuant to this code.

(2) The defendant submits proof of correction, when proof of correction is mandatory for a correctable offense.

(3) The offense does not require an appearance in court.

(4) The defendant signs a written agreement to pay and forfeit the remainder of the required bail according to an installment schedule as agreed upon with the court. The Judicial Council shall prescribe the form of the agreement for payment and forfeiture of bail in installments for infraction violations.

(b) When a clerk accepts an agreement for payment and forfeiture of bail in installments, the clerk shall continue the appearance date of the defendant to the date to complete payment and forfeiture of bail in the agreement.

(c) Except for subdivisions (b) and (c) of Section 1269b and Section 1305.1, the provisions of Chapter 1 (commencing with Section 1268) of Title 10 of Part 2 of the Penal Code do not apply to an agreement to pay and forfeit bail in installments under this section.

(d) For the purposes of reporting violations of this code to the department under Section 1803, the date that the defendant signs an agreement to pay and forfeit bail in installments shall be reported as the date of conviction.

(e) When the defendant fails to make an installment payment according to an agreement under subdivision (a) above, the court may impose a civil assessment as provided in Section 1214.1 of the Penal Code.

(f) Payment of a bail amount under this section is forfeited when collected and shall be distributed by the court in the same manner as other fines, penalties, and forfeitures collected for infractions.

(g) This section shall become operative on January 1, 2022.

SEC. 12.

 Section 40512 of the Vehicle Code is amended to read:

40512.

 (a) (1) Except as specified in paragraph (2) and subdivision (b), if at the time the case is called for arraignment before the magistrate the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited and may, in the magistrate’s discretion, order that no further proceedings be had in the case, unless the defendant has been charged with a violation of Section 23111 or 23112, or subdivision (a) of Section 23113, and the defendant has been previously convicted of the same offense, except if the magistrate finds that undue hardship will be imposed upon the defendant by requiring the defendant to appear, the magistrate may declare the bail forfeited and order that no further proceedings shall be had in the case.

(2) If the defendant has posted surety bail and the magistrate has ordered the bail forfeited and that no further proceedings shall be had in the case, the bail retains the right to obtain relief from the forfeiture as provided in Section 1305 of the Penal Code if the amount of the bond, money, or property deposited exceeds seven hundred dollars ($700).

(b) (1) If, at the time the case is called for a compliance appearance before the magistrate, the defendant has entered into a bail installment agreement pursuant to Section 40510.5 but has not made an installment payment as agreed and does not appear, either in person or by counsel, the court may continue the arraignment to a date beyond the last agreed upon installment payment, or impose a civil assessment as provided in Section 1214.1 of the Penal Code for the failure to appear.

(2) If, at the time the case is called for a compliance appearance before the magistrate, the defendant has paid all required bail funds and the defendant does not appear, either in person or by counsel, the court may order that no further proceedings shall be had in the case, unless the defendant has been charged with a violation of Section 23111 or 23112, or subdivision (a) of Section 23113, and the defendant has been previously convicted of the same offense, except that if the magistrate finds that undue hardship will be imposed upon the defendant by requiring them to appear, the magistrate may order that no further proceedings shall be had in the case.

(c) Upon the making of the order that no further proceedings shall be had, all sums deposited as bail shall be paid into the city or county treasury, as the case may be.

(d) If a guaranteed traffic arrest bail bond certificate has been filed, the clerk of the court shall bill the issuer for the amount of bail fixed by the uniform countywide schedule of bail required under subdivision (c) of Section 1269b of the Penal Code.

(e) Upon presentation by a court of the bill for a fine or bail assessed against an individual covered by a guaranteed traffic arrest bail bond certificate, the issuer shall pay to the court the amount of the fine or forfeited bail that is within the maximum amount guaranteed by the terms of the certificate.

(f) The court shall return the guaranteed traffic arrest bail bond certificate to the issuer upon receipt of payment in accordance with subdivision (d).

SEC. 13.

 Section 40512.5 of the Vehicle Code is amended to read:

40512.5.

 (a) Except as specified in subdivision (b), if at the time the case is called for trial the defendant does not appear, either in person or by counsel, and has not requested in writing that the trial proceed in their absence, the court may declare the bail forfeited and may, in its discretion, order that no further proceedings be had in the case, or the court may act pursuant to Section 1043 of the Penal Code.

(b) If the defendant has posted surety bail and the magistrate has ordered the bail forfeited and that no further proceedings shall be had in the case, the bail retains the right to obtain relief from the forfeiture as provided in Section 1305 of the Penal Code if the amount of the bond, money, or property deposited exceeds seven hundred dollars ($700).

SEC. 14.

 Section 40514 of the Vehicle Code is amended to read:

40514.

 A warrant shall not issue on the charge for the arrest of a person who has given a written promise to appear in court or before a person authorized to receive a deposit of bail, unless the person has violated the promise, the lawfully granted continuance of the promise, or has failed to deposit bail, to appear for arraignment, trial, or judgment, or to comply with the terms and provisions of the judgment, as required by law. This section does not permit a warrant to issue if the underlying offense is an infraction.

SEC. 15.

 Section 40515 of the Vehicle Code is amended to read:

40515.

 (a) When a person signs a written promise to appear or is granted a continuance of their promise to appear at the time and place specified in the written promise to appear or the continuance thereof, and has not posted full bail or has failed to pay an installment of bail as agreed to under Section 40510.5, the magistrate may issue and have delivered for execution a warrant for the person’s arrest within 20 days after the failure to appear before the magistrate or pay an installment of bail as agreed, or if the person promises to appear before an officer authorized to accept bail other than a magistrate and fails to do so on or before the date on which they promised to appear, then, within 20 days after the delivery of the written promise to appear by the officer to a magistrate having jurisdiction over the offense.

(b) When the person violates their promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to a magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer.

(c) This section does not apply if the underlying charge is an infraction.