BILL NUMBER: AB 1358AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 16, 2011 AMENDED IN ASSEMBLY APRIL 15, 2011 INTRODUCED BY Assembly Member Fuentes FEBRUARY 18, 2011 An act to amend Section 42008.7 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 1358, as amended, Fuentes. Vehicles misdemeanor: violations: amnesty. Existing law requires a county to establish a one-time amnesty program for fines and bail for an infraction violation of the Vehicle Code, except for parking violations, and specified reckless driving and driving-under-the-influence (DUI) offenses. Existing law allows a person owing a fine or bail that is eligible for amnesty under this program to pay to the superior or juvenile court 50% of the total fine or bail, as defined, which must be accepted by the court in full satisfaction of the delinquent fine or bail. This bill would authorize, in addition to and at the same time as the above one-time amnesty program, the court and the county to establish a one-time amnesty program that would allow a person to pay 50% of the total fine or bail for a misdemeanor violation, as specified. 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, a one-time 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) A one-time amnesty program for fines and bail meeting the eligibility requirements set forth in subdivision(d)(e) shall be established in each 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 ofthe Penal Code and Sections 76000, 70372, 76104.6, 76104.7, and 76000.5 of the Government Code.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 of Section 853.7 of the Penal Code, as described in paragraph(1)(2) of subdivision (e), except for parking violations and violations of Section 23103, 23104, 23105, 23152, or 23153. (e) Violations are only eligible for amnesty ifall of the following requirementsparagraph (1), (2), or (3) apply and the requirements of paragraphs (4), (5), and (6) are met: (1) The violation is an infraction violation filed with the court. (2)AIt 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 subdivision (a) or (b) of Section 40508 to which subdivision (d) applies . (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, 2009. (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) of this section. Payment of a fine or bail under an amnesty program implemented pursuant to this section shall be accepted beginning January 1, 2012, and ending June 30, 2012. The Judicial Council shall adopt guidelines for the amnesty program no later than November 1, 2011, and each program shall be conducted in accordance with Judicial Council guidelines. (g) No criminal action shall 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. (i) Each court or county implementing an amnesty program shall file, not later than September 30, 2012, a written report with the Judicial Council, on a form approved by the Judicial Council. The report shall include information about the number of cases resolved, the amount of money collected, and the operating costs of the amnesty program. Notwithstanding Section 10231.5 of the Government Code, on or before December 31, 2012, the Judicial Council shall submit a report to the Legislature summarizing the information provided by each court or county.it shall not be considered a precedent with respect to affecting programs that receive funding pursuant to Section 1463 of the Penal Code. (g) A county participating in the program shall file, not later than six months after the termination of the program, a written report with the Assembly Committee on Judiciary and the Senate Committee on Judiciary. The report shall summarize the amount of money collected, operating costs of the program, distribution of funds collected, and when possible, how the funds were expended.