Bill Text: CA AB2871 | 2015-2016 | Regular Session | Introduced

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Bill Title: Trials by declaration.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [AB2871 Detail]

Download: California-2015-AB2871-Introduced.html

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BILL NUMBER: AB 2871	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Obernolte

                        FEBRUARY 19, 2016

   An act to amend Section 40902 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2871, as introduced, Obernolte. Trials by declaration.
   Existing law requires the courts to provide, by rule, that a
defendant may elect to have a trial by written declaration upon any
alleged infraction involving a violation of a state statute or a
local ordinance relating to vehicles, except as specified. Existing
law requires the defendant to be granted a trial de novo if he or she
is dissatisfied with a decision of the court in a proceeding
pursuant to those provisions.
   This bill would delete the requirement that a defendant be granted
a trial de novo under the above circumstances.
   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 40902 of the Vehicle Code is amended to read:
   40902.  (a) (1)  The court , pursuant to this section,
shall, by rule, provide   Pursuant to this section, the
court shall provide, by rule,  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 this code or
 any   a  local ordinance adopted pursuant
to this code, other than an infraction cited pursuant to Article 2
(commencing with Section 23152) of Chapter 12 of Division 11.
   (2) The Judicial Council may adopt rules and forms governing
trials by declaration in accordance with this section. Any rule or
form adopted by the Judicial Council pursuant to this paragraph shall
supersede any local rule of a court adopted pursuant to paragraph
(1).
   (b) If the defendant elects to have a trial by written
declaration, the defendant shall, at the time of submitting that
declaration, submit bail in the amount established in the uniform
traffic penalty schedule pursuant to Section 40310. 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.
   (c) Notwithstanding Division 10 (commencing with Section 1200) of
the Evidence Code, the rules governing trials by written declaration
may provide for testimony and other relevant evidence to be
introduced in the form of a notice to appear issued pursuant to
Section 40500, a business record or receipt, a sworn declaration of
the arresting officer, or a written statement or letter signed by the
defendant. 
   (d) If the defendant is dissatisfied with a decision of the court
in a proceeding pursuant to this section, the defendant shall be
granted a trial de novo.