Bill Text: CA AB2085 | 2013-2014 | Regular Session | Amended

California Assembly Bill 2085 (Prior Session Legislation)

CA State Legislature page for AB2085

Bill Title: Vehicles: misdemeanor violations: amnesty.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2014-05-23 - In committee: Set, second hearing. Held under submission. [AB2085 Detail]

Download: California-2013-AB2085-Amended.html

BILL NUMBER: AB 2085	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 19, 2014

INTRODUCED BY   Assembly Member Fox

                        FEBRUARY 20, 2014

   An act to amend Section 42008.7 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2085, as amended, Fox. Vehicles: misdemeanor violations:
amnesty.
   Existing law requires a county to establish a one-time amnesty
program for fines and bail due on or before January 1, 2009, for
certain infraction or misdemeanor violations of the Vehicle Code and
Penal Code, between January 1, 2012, and June 30, 2012. Existing law
authorizes the court and county, in addition to and at the same time
as the above one-time amnesty program, to establish a one-time
amnesty program for specified misdemeanor violations due on or before
January 1, 2009, if certain conditions are met. Existing law allows
a person owing a fine or bail that was eligible for amnesty under
these programs to pay to the superior or juvenile court 50% of the
total fine or bail, as defined, which is required to be accepted by
the court in full satisfaction of the delinquent fine or bail.
Existing law prohibits criminal action from being brought against a
person for a delinquent fine or bail paid under the amnesty programs.

   This bill would revise these provisions to authorize a court or
county, on or after January 1,  2015,   2016,
and until December 31, 2016, and upon the agreement of both the court
and the county,  to implement similar amnesty programs for
fines and bail due on or before January 1, 2012. The bill would
require the amnesty programs to be conducted in accordance with
guidelines provided by the Judicial Council.
   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 42008.7 of the Vehicle Code is amended to read:

   42008.7.  (a) The State of California continues to face a fiscal
and economic crisis affecting the State Budget and the overall state
economy. In light of this crisis, an infraction amnesty program would
do the following:
   (1) Provide relief to individuals who have found themselves in
violation of a court-ordered obligation because they are financially
unable to pay traffic bail or fines.
   (2) Provide increased revenue at a time when revenue is scarce by
encouraging payment of old fines that have remained unpaid.
   (3) Allow courts and counties to resolve older delinquent cases
and focus limited resources on collecting on more recent cases.
   (b) An amnesty program for fines and bail meeting the eligibility
requirements set forth in subdivision (e) may be established in each
county  upon the agreement of the court and the 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, 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 the Government Code.
   (3) Civil assessment imposed pursuant to Section 1214.1 of the
Penal Code.
   (4) State surcharge imposed pursuant to Section 1465.7 of the
Penal Code.
   (5) Court security fee imposed pursuant to Section 1465.8 of the
Penal Code.
   (d) 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 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
Section 23103, 23104, 23105, 23152, or 23153 of this code.
   (e) Violations are only eligible for amnesty if paragraph (1),
(2), or (3) applies and the requirements of paragraphs (4), (5), and
(6) 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 added to the case
subject to paragraph (1).
   (3) The violation is a misdemeanor violation filed with the court
to which subdivision (d) applies.
   (4) The due date for payment of the fine or bail was on or before
January 1, 2012.
   (5) The defendant does not owe victim restitution on any case
within the county.
   (6) There are no outstanding misdemeanor or felony warrants for
the defendant within the county, except for misdemeanor warrants for
misdemeanor violations authorized by the court and the county
pursuant to subdivision (d).
   (f) 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). Payment of a fine or bail under an
amnesty program implemented pursuant to this section shall be
accepted beginning January 1,  2015   2016, and
ending December 31, 2016  . Each program shall be conducted in
accordance with guidelines provided by the Judicial Council.
   (g) Criminal action shall not be brought against a person for a
delinquent fine or bail paid under the amnesty program.
   (h) 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. Any unreimbursed costs of operating the amnesty
program, excluding capital expenditures, may be deducted from the
revenues collected under the amnesty program by the court or the
county that incurred the expense of operating the program.
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.