BILL NUMBER: AB 2724 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Bradford
FEBRUARY 21, 2014
An act to amend Section 1214.1 of the Penal Code, and to amend
Section 40509 of the Vehicle Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 2724, as introduced, Bradford. Failure to appear in court:
fines.
Existing law authorizes the court, in addition to any other
penalty in an infraction, misdemeanor, or felony case, to impose a
civil assessment of up to $300 against any defendant who fails, after
notice and without good cause, to appear in court for any proceeding
authorized by law, or who fails to pay all or any portion of a fine
ordered by the court or to pay an installment of bail, as specified.
Existing law provides that the assessment shall not become effective
until at least 10 calendar days after the court mails a warning
notice to the defendant, and requires the court, if the defendant
appears within the time specified in the notice and shows good cause
for the failure to appear or for the failure to pay a fine or
installment of bail, to vacate the assessment.
The bill would provide that ability to post bail or to pay the
fine or civil assessment is not a prerequisite to filing a request
that the court vacate the assessment. The bill would also state that
the imposition or collection of a civil assessment does not preclude
a defendant from scheduling a court hearing on the underlying charge.
Existing law authorizes a court to give notice to the Department
of Motor Vehicles if any person has willfully failed to pay a
lawfully imposed fine, or bail in installments, within the time
authorized by the court, except as specified. If the fine is fully
paid, the court or court is required to issue and file with the
department a certificate showing that the fine has been paid.
This bill would require the court clerk, if the fine is fully
paid, or an agreement is signed to pay the fine, fee, or bail in
installments, or an agreement is signed to perform community service,
to issue and file a certificate with the department that the fine
has been paid or satisfied, or an agreement has been signed, and
request that the license hold be lifted. The bill would prohibit the
court from requiring the payment of bail, the fine, or a civil
assessment before a person may request the court to vacate a civil
assessment.
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 1214.1 of the Penal Code is amended to read:
1214.1. (a) In addition to any other penalty in infraction,
misdemeanor, or felony cases, the court may impose a civil assessment
of up to three hundred dollars ($300) against any
a defendant who fails, after notice and without good
cause, to appear in court for any a
proceeding authorized by law or who fails to pay all or any portion
of a fine ordered by the court or to pay an installment of bail as
agreed to under Section 40510.5 of the Vehicle Code. This assessment
shall be deposited in the Trial Court Trust Fund, as provided in
Section 68085.1 of the Government Code.
(b) (1) The assessment imposed pursuant
to subdivision (a) shall not become effective until at least
10 calendar days after the court mails a warning notice to the
defendant by first-class mail to the address shown on the notice to
appear or to the defendant's last known address. If the defendant
appears within the time specified in the notice and shows good cause
for the failure to appear or for the failure to pay a fine or
installment of bail, the court shall vacate the assessment.
(2) Ability to post bail or to pay the civil assessment shall not
be a prerequisite to filing a request that the court vacate the
assessment. Imposition or collection of a civil assessment shall not
preclude a defendant from scheduling a court hearing on the
underlying charge.
(c) If a civil assessment is imposed under this section
pursuant to subdivision (a) , no bench warrant or
warrant of arrest shall be issued with respect to the failure to
appear at the proceeding for which the assessment is imposed or the
failure to pay the fine or installment of bail. An outstanding,
unserved bench warrant or warrant of arrest for a failure to appear
or for a failure to pay a fine or installment of bail shall be
recalled prior to the subsequent imposition of a civil assessment.
(d) The assessment imposed under pursuant
to subdivision (a) shall be subject to the due process
requirements governing defense and collection of civil money
judgments generally.
(e) Each court and county shall maintain the collection program
that was in effect on July 1, 2005, unless otherwise agreed to by the
court and county. If a court and a county do not agree on a plan for
the collection of civil assessments imposed pursuant to this
section, or any other collections under Section 1463.010, after the
implementation of Sections 68085.6 and 68085.7 of the Government
Code, the court or the county may request arbitration by a third
party mutually agreed upon by the Administrative Director of the
Courts and the California State Association of Counties.
SEC. 2. Section 40509 of the Vehicle Code is amended to read:
40509. (a) Except as required under subdivision (c) of Section
40509.5, if any a person has violated a
written promise to appear or a lawfully granted continuance of his
or her promise to appear in court or before the person authorized to
receive a deposit of bail, or violated an order to appear in court,
including, but not limited to, a written notice to appear issued in
accordance with Section 40518, the magistrate or clerk of the court
may give notice of the failure to appear to the department for
any a violation of this code, or
any a violation that can be heard by a
juvenile traffic hearing referee pursuant to Section 256 of the
Welfare and Institutions Code, or any a
violation of any other statute relating to the safe operation of a
vehicle, except violations not required to be reported pursuant to
paragraphs (1), (2), (3), (6), and (7) of subdivision (b) of Section
1803. If thereafter the case in which the promise was given is
adjudicated or the person who has violated the court order appears in
court or otherwise satisfies the order of the court, the magistrate
or clerk of the court hearing the case shall sign and file with the
department a certificate to that effect.
(b) If any a person has willfully
failed to pay a lawfully imposed fine within the time authorized by
the court or to pay a fine pursuant to subdivision (a) of Section
42003, the magistrate or clerk of the court may give notice of the
fact to the department for any violation, except violations not
required to be reported pursuant to paragraphs (1), (2), (3), (6),
and (7) of subdivision (b) of Section 1803. If thereafter the fine is
fully paid, an agreement is signed to pay the fine in
installments, or an agreement is signed to perform community service
in lieu of the fine pursuant to Section 1209.5 of the
Penal Code, the magistrate or clerk of the court shall issue
and file with the department a certificate showing that the fine has
been paid or satisfied or that an agreement has been signed, and
request that the license hold be lifted. The court shall not require
the payment of bail, the fine, or a civil assessment before the
person requests that the court vacate a civil assessment imposed
pursuant to Section 1214.1 of the Penal Code .
(c) (1) Notwithstanding subdivisions (a) and (b), the court may
notify the department of the total amount of bail, fines,
assessments, and fees authorized or required by this code, including
Section 40508.5, which are unpaid by any person.
(2) Once a court has established the amount of bail, fines,
assessments, and fees, and notified the department of the amount
, the court shall not further enhance or modify that amount.
(3) This subdivision applies only to violations of this code that
do not require a mandatory court appearance, are not contested by the
defendant, and do not require proof of correction certified by the
court.
(d) With respect to a violation of this code, this section is
applicable to any court which has not elected to be subject to the
notice requirements of subdivision (b) of Section 40509.5.
(e) Any violation subject to Section 40001, which is the
responsibility of the owner of the vehicle, shall not be reported
under this section.