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SB 185

  • California Senate Bill
  • 2017-2018 Regular Session
  • Introduced in Senate Jan 25, 2017
  • Passed Senate May 31, 2017
  • Assembly
  • Governor

Crimes: infractions.

Bill Subjects

Crimes: Infractions.

Abstract

Under existing law, a judgment that a person convicted of an infraction be punished by a fine may also provide for the payment to be made within a specified time or in specified installments. Existing law requires a court, in any case when a person appears before a traffic referee or judge of the superior court for adjudication of a violation of the Vehicle Code, upon request of the defendant, to consider the defendant's ability to pay, as specified. This bill would require the court, in any case involving an infraction filed with the court, to determine whether the defendant is indigent for purposes of determining what portion of the statutory amount of any associated fine, fee, assessment, or other financial penalties the person can afford to pay. The bill would provide that the defendant can demonstrate that he or she is indigent by providing specified information, including attesting to his or her indigent status under penalty of perjury. Because a violation thereof would be a crime, the bill would impose a state-mandated local program. The bill would require the court to reduce the base fine and associated fees by 80% if the court establishes that the defendant is indigent, and to provide alternatives to immediate payment of the sentence, including a payment plan option. The bill would require the court to determine the amount a defendant can afford to pay per month by using a payment calculator developed by the Judicial Council, as specified. For persons not found to be indigent, the bill would require that the monthly payment not exceed 5% of the defendant's family monthly income, as provided. For defendants found to be indigent, the bill would require that monthly payments be $0 until the defendant's financial circumstances change, and would require the remaining amount owed to be discharged after 48 months in the interest of justice. Existing law authorizes any county or court to implement a "comprehensive collection program" as a separate revenue collection activity, and requires the program to meet certain criteria, one of which is that the program engages in specified activities in collecting fines or penalties. One of those activities is initiating suspensions or holds for driver's licenses, as specified. This bill would delete initiating suspensions or holds for driver's licenses from the list of activities the program may engage in. The bill would require the program to provide a payment plan option based on the debtor's ability to pay and requires the program to notify the defendant of his or her right to an indigency determination for infractions. Existing law requires, whenever a person is arrested for any nonfelony violation of the Vehicle Code, or for a violation of an ordinance of a city or county relating to traffic offenses and he or she is not immediately taken before a magistrate, the arresting officer to prepare in triplicate a written notice to appear in court or before a person authorized to receive a deposit of bail, as specified. Existing law further requires the officer to deliver one copy of the notice to appear to the arrested person, and the arrested person in order to secure release must give his or her written promise to appear in court or before a person authorized to receive a deposit of bail. This bill would require the court to send the defendant a reminder notice of his or her promise to appear in court and would require the reminder notice to include specified information, including an appearance date and location and the right to an indigency determination. Existing law authorizes the court to notify the Department of Motor Vehicles when a person has failed to appear or failed to pay a fine or bail, with respect to various violations relating to vehicles. Existing law requires the department to suspend, and prohibits the department from issuing or renewing, a person's driver's license upon receipt of one of those notices, as specified. This bill would repeal the provisions authorizing the court to notify the department of a failure to pay a fine or bail. The bill would repeal certain provisions prohibiting the department from issuing or renewing a person's driver's license upon receipt of a notice of a defendant's failure to pay, with respect to designated violations. Existing law provides that a person willfully violating his or her written promise to appear or a lawfully granted continuance of his or her promise to appear in court or before a person authorized to receive a deposit of bail, or willfully failing to pay bail in installments or a certain lawfully imposed fine, as specified, is guilty of a misdemeanor. The bill would instead provide that a person willfully violating his or her written promise to appear or a lawfully granted continuance of his or her promise to appear in court or before a person authorized to receive a deposit of bail is guilty of an infraction. By changing the definition of a crime, this bill would impose a state-mandated local program. This bill would repeal the misdemeanor for willfully failing to pay bail in installments or a lawfully imposed fine. This bill would declare that its provisions do not alter existing law related to suspension of the privilege to operate a motor vehicle in connection with violations relating to reckless driving or driving under the influence of alcohol or drugs, as specified. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Sponsors (11)

Robert M. Hertzberg

  • Democratic
  • upper
  • 18
Author

Atkins

Coauthor

Cristina Garcia

  • Democratic
  • lower
  • 58
Coauthor

Joel Anderson

  • Republican
Coauthor

Jim Beall

  • Democratic
  • upper
  • 15
Coauthor

Steven Bradford

  • Democratic
  • upper
  • 35
Coauthor

David Chiu

  • Democratic
  • lower
  • 17
Coauthor

Cathleen Galgiani

  • Democratic
  • upper
  • 5
Coauthor

Eloise Gómez Reyes

  • Democratic
  • lower
  • 47
Coauthor

Bob Wieckowski

  • Democratic
  • upper
  • 10
Coauthor

Scott D. Wiener

  • Democratic
  • upper
  • 11
Coauthor

Votes


No votes to display

Actions


Aug 16, 2018

Assembly

August 16 hearing: Held in committee and under submission.

Sep 01, 2017

Assembly

September 1 hearing postponed by committee.

Aug 23, 2017

Assembly

August 23 set for first hearing. Placed on APPR. suspense file.

Jul 12, 2017

Assembly

From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (July 11). Re-referred to Com. on APPR.

  • Committee-Passage-Favorable
  • Committee-Passage
  • Referral-Committee
Com. on APPR.

Jul 10, 2017

Assembly

From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 9. Noes 4.) (July 10). Re-referred to Com. on PUB. S.

  • Committee-Passage-Favorable
  • Committee-Passage
  • Referral-Committee
Com. on PUB. S.

Jul 03, 2017

Assembly

Joint Rule 62(a) suspended.

Assembly

Assembly Rule 56 suspended.

Jun 15, 2017

Assembly

Referred to Coms. on TRANS. and PUB. S.

  • Referral-Committee
Coms. on TRANS. and PUB. S.

Jun 01, 2017

Assembly

In Assembly. Read first time. Held at Desk.

May 31, 2017

Senate

Read third time. Passed. (Ayes 34. Noes 6. Page 1338.) Ordered to the Assembly.

May 26, 2017

Senate

From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1179.) (May 25).

Senate

Read second time and amended. Ordered to third reading.

Senate

Published May 26 at 2 p.m.

May 19, 2017

Senate

Set for hearing May 25.

May 15, 2017

Senate

May 15 hearing: Placed on APPR. suspense file.

May 04, 2017

Senate

Set for hearing May 15.

May 03, 2017

Senate

May 8 hearing postponed by committee.

May 01, 2017

Senate

Set for hearing May 8.

Apr 26, 2017

Senate

From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1. Page 854.) (April 25). Re-referred to Com. on APPR.

  • Committee-Passage-Favorable
  • Committee-Passage
  • Referral-Committee
Com. on APPR.

Apr 07, 2017

Senate

Set for hearing April 25.

Apr 05, 2017

Senate

From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 12. Noes 1. Page 627.) (April 4). Re-referred to Com. on PUB. S.

  • Committee-Passage-Favorable
  • Committee-Passage
  • Referral-Committee
Com. on PUB. S.

Mar 20, 2017

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on T. & H.

  • Reading-2
  • Referral-Committee
  • Amendment-Passage
  • Committee-Passage
  • Reading-1
Com. on T. & H.

Mar 14, 2017

Senate

Set for hearing April 4.

Feb 02, 2017

Senate

Referred to Coms. on T. & H. and PUB. S.

  • Referral-Committee
Coms. on T. & H. and PUB. S.

Jan 26, 2017

Senate

From printer. May be acted upon on or after February 25.

Jan 25, 2017

Senate

Introduced. Read first time. To Com. on RLS. for assignment. To print.

Bill Text

Bill Text Versions Format
SB185 HTML
01/25/17 - Introduced PDF
03/20/17 - Amended Senate PDF
05/26/17 - Amended Senate PDF

Related Documents

Document Format
No related documents.

Sources

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