Amended IN Assembly March 02, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1125Introduced by Assembly Member HartFebruary 15, 2023 An act to amend Section 40000.1 40508 of the Vehicle Code, relating to vehicles.LEGISLATIVE COUNSEL'S DIGESTAB 1125, as amended, Hart. Vehicle Code: infractions.Under existing law, a person who willfully violates their written promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor. Existing law authorizes the clerk of the court to accept a payment and forfeiture of at least 10% of the total bail amount for each infraction violation of the Vehicle Code prior to a specified date if specified circumstances exist, including, among other things, that the defendant signs a written agreement to pay and forfeit the remainder of the required bail according to an installment schedule. Under existing law, if a person convicted of an infraction fails to pay bail in installments, as agreed to with the court, the court may impound a persons drivers license and order the person not to drive, or order that the person limit their driving to their place of employment, for a period not to exceed 30 days.This bill would eliminate the courts authorization to impound a persons drivers license or limit the persons driving when the person fails to pay the bail in installments.Existing law makes it unlawful and punishable as an infraction for a person to violate, or fail to comply with, any provision of the Vehicle Code, or any local ordinance adopted pursuant to the Vehicle Code, except as otherwise specified.This bill would make technical, nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 40508 of the Vehicle Code is amended to read:40508. (a) A person willfully violating his or her their written promise to appear or a lawfully granted continuance of his or her their promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor regardless of the disposition of the charge upon which he or she the person was originally arrested.(b) A person willfully failing to pay bail in installments as agreed to under Section 40510.5 or a lawfully imposed fine for a violation of a provision of this code or a local ordinance adopted pursuant to this code within the time authorized by the court and without lawful excuse having been presented to the court on or before the date the bail or fine is due is guilty of a misdemeanor regardless of the full payment of the bail or fine after that time.(c) A person willfully failing to comply with a condition of a court order for a violation of this code, other than for failure to appear or failure to pay a fine, is guilty of a misdemeanor, regardless of his or her their subsequent compliance with the order.(d)If a person convicted of an infraction fails to pay bail in installments as agreed to under Section 40510.5, or a fine or an installment thereof, within the time authorized by the court, the court may, except as otherwise provided in this subdivision, impound the persons drivers license and order the person not to drive for a period not to exceed 30 days. Before returning the license to the person, the court shall endorse on the reverse side of the license that the person was ordered not to drive, the period for which that order was made, and the name of the court making the order. If a defendant with a class C or M drivers license satisfies the court that impounding his or her drivers license and ordering the defendant not to drive will affect his or her livelihood, the court shall order that the person limit his or her driving for a period not to exceed 30 days to driving that is essential in the courts determination to the persons employment, including the persons driving to and from his or her place of employment if other means of transportation are not reasonably available. The court shall provide for the endorsement of the limitation on the persons license. The impounding of the license and ordering the person not to drive or the order limiting the persons driving does not constitute a suspension of the license, but a violation of the order constitutes contempt of court.SECTION 1.Section 40000.1 of the Vehicle Code is amended to read:40000.1.Except as otherwise provided in this article, it is unlawful and constitutes an infraction for a person to violate, or fail to comply with, any provision of this code, or any local ordinance adopted pursuant to this code.
Amended IN Assembly March 02, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1125Introduced by Assembly Member HartFebruary 15, 2023 An act to amend Section 40000.1 40508 of the Vehicle Code, relating to vehicles.LEGISLATIVE COUNSEL'S DIGESTAB 1125, as amended, Hart. Vehicle Code: infractions.Under existing law, a person who willfully violates their written promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor. Existing law authorizes the clerk of the court to accept a payment and forfeiture of at least 10% of the total bail amount for each infraction violation of the Vehicle Code prior to a specified date if specified circumstances exist, including, among other things, that the defendant signs a written agreement to pay and forfeit the remainder of the required bail according to an installment schedule. Under existing law, if a person convicted of an infraction fails to pay bail in installments, as agreed to with the court, the court may impound a persons drivers license and order the person not to drive, or order that the person limit their driving to their place of employment, for a period not to exceed 30 days.This bill would eliminate the courts authorization to impound a persons drivers license or limit the persons driving when the person fails to pay the bail in installments.Existing law makes it unlawful and punishable as an infraction for a person to violate, or fail to comply with, any provision of the Vehicle Code, or any local ordinance adopted pursuant to the Vehicle Code, except as otherwise specified.This bill would make technical, nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly March 02, 2023
Amended IN Assembly March 02, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 1125
Introduced by Assembly Member HartFebruary 15, 2023
Introduced by Assembly Member Hart
February 15, 2023
An act to amend Section 40000.1 40508 of the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1125, as amended, Hart. Vehicle Code: infractions.
Under existing law, a person who willfully violates their written promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor. Existing law authorizes the clerk of the court to accept a payment and forfeiture of at least 10% of the total bail amount for each infraction violation of the Vehicle Code prior to a specified date if specified circumstances exist, including, among other things, that the defendant signs a written agreement to pay and forfeit the remainder of the required bail according to an installment schedule. Under existing law, if a person convicted of an infraction fails to pay bail in installments, as agreed to with the court, the court may impound a persons drivers license and order the person not to drive, or order that the person limit their driving to their place of employment, for a period not to exceed 30 days.This bill would eliminate the courts authorization to impound a persons drivers license or limit the persons driving when the person fails to pay the bail in installments.Existing law makes it unlawful and punishable as an infraction for a person to violate, or fail to comply with, any provision of the Vehicle Code, or any local ordinance adopted pursuant to the Vehicle Code, except as otherwise specified.This bill would make technical, nonsubstantive changes to that provision.
Under existing law, a person who willfully violates their written promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor. Existing law authorizes the clerk of the court to accept a payment and forfeiture of at least 10% of the total bail amount for each infraction violation of the Vehicle Code prior to a specified date if specified circumstances exist, including, among other things, that the defendant signs a written agreement to pay and forfeit the remainder of the required bail according to an installment schedule. Under existing law, if a person convicted of an infraction fails to pay bail in installments, as agreed to with the court, the court may impound a persons drivers license and order the person not to drive, or order that the person limit their driving to their place of employment, for a period not to exceed 30 days.
This bill would eliminate the courts authorization to impound a persons drivers license or limit the persons driving when the person fails to pay the bail in installments.
Existing law makes it unlawful and punishable as an infraction for a person to violate, or fail to comply with, any provision of the Vehicle Code, or any local ordinance adopted pursuant to the Vehicle Code, except as otherwise specified.
This bill would make technical, nonsubstantive changes to that provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 40508 of the Vehicle Code is amended to read:40508. (a) A person willfully violating his or her their written promise to appear or a lawfully granted continuance of his or her their promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor regardless of the disposition of the charge upon which he or she the person was originally arrested.(b) A person willfully failing to pay bail in installments as agreed to under Section 40510.5 or a lawfully imposed fine for a violation of a provision of this code or a local ordinance adopted pursuant to this code within the time authorized by the court and without lawful excuse having been presented to the court on or before the date the bail or fine is due is guilty of a misdemeanor regardless of the full payment of the bail or fine after that time.(c) A person willfully failing to comply with a condition of a court order for a violation of this code, other than for failure to appear or failure to pay a fine, is guilty of a misdemeanor, regardless of his or her their subsequent compliance with the order.(d)If a person convicted of an infraction fails to pay bail in installments as agreed to under Section 40510.5, or a fine or an installment thereof, within the time authorized by the court, the court may, except as otherwise provided in this subdivision, impound the persons drivers license and order the person not to drive for a period not to exceed 30 days. Before returning the license to the person, the court shall endorse on the reverse side of the license that the person was ordered not to drive, the period for which that order was made, and the name of the court making the order. If a defendant with a class C or M drivers license satisfies the court that impounding his or her drivers license and ordering the defendant not to drive will affect his or her livelihood, the court shall order that the person limit his or her driving for a period not to exceed 30 days to driving that is essential in the courts determination to the persons employment, including the persons driving to and from his or her place of employment if other means of transportation are not reasonably available. The court shall provide for the endorsement of the limitation on the persons license. The impounding of the license and ordering the person not to drive or the order limiting the persons driving does not constitute a suspension of the license, but a violation of the order constitutes contempt of court.SECTION 1.Section 40000.1 of the Vehicle Code is amended to read:40000.1.Except as otherwise provided in this article, it is unlawful and constitutes an infraction for a person to violate, or fail to comply with, any provision of this code, or any local ordinance adopted pursuant to this code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 40508 of the Vehicle Code is amended to read:40508. (a) A person willfully violating his or her their written promise to appear or a lawfully granted continuance of his or her their promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor regardless of the disposition of the charge upon which he or she the person was originally arrested.(b) A person willfully failing to pay bail in installments as agreed to under Section 40510.5 or a lawfully imposed fine for a violation of a provision of this code or a local ordinance adopted pursuant to this code within the time authorized by the court and without lawful excuse having been presented to the court on or before the date the bail or fine is due is guilty of a misdemeanor regardless of the full payment of the bail or fine after that time.(c) A person willfully failing to comply with a condition of a court order for a violation of this code, other than for failure to appear or failure to pay a fine, is guilty of a misdemeanor, regardless of his or her their subsequent compliance with the order.(d)If a person convicted of an infraction fails to pay bail in installments as agreed to under Section 40510.5, or a fine or an installment thereof, within the time authorized by the court, the court may, except as otherwise provided in this subdivision, impound the persons drivers license and order the person not to drive for a period not to exceed 30 days. Before returning the license to the person, the court shall endorse on the reverse side of the license that the person was ordered not to drive, the period for which that order was made, and the name of the court making the order. If a defendant with a class C or M drivers license satisfies the court that impounding his or her drivers license and ordering the defendant not to drive will affect his or her livelihood, the court shall order that the person limit his or her driving for a period not to exceed 30 days to driving that is essential in the courts determination to the persons employment, including the persons driving to and from his or her place of employment if other means of transportation are not reasonably available. The court shall provide for the endorsement of the limitation on the persons license. The impounding of the license and ordering the person not to drive or the order limiting the persons driving does not constitute a suspension of the license, but a violation of the order constitutes contempt of court.
SECTION 1. Section 40508 of the Vehicle Code is amended to read:
### SECTION 1.
40508. (a) A person willfully violating his or her their written promise to appear or a lawfully granted continuance of his or her their promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor regardless of the disposition of the charge upon which he or she the person was originally arrested.(b) A person willfully failing to pay bail in installments as agreed to under Section 40510.5 or a lawfully imposed fine for a violation of a provision of this code or a local ordinance adopted pursuant to this code within the time authorized by the court and without lawful excuse having been presented to the court on or before the date the bail or fine is due is guilty of a misdemeanor regardless of the full payment of the bail or fine after that time.(c) A person willfully failing to comply with a condition of a court order for a violation of this code, other than for failure to appear or failure to pay a fine, is guilty of a misdemeanor, regardless of his or her their subsequent compliance with the order.(d)If a person convicted of an infraction fails to pay bail in installments as agreed to under Section 40510.5, or a fine or an installment thereof, within the time authorized by the court, the court may, except as otherwise provided in this subdivision, impound the persons drivers license and order the person not to drive for a period not to exceed 30 days. Before returning the license to the person, the court shall endorse on the reverse side of the license that the person was ordered not to drive, the period for which that order was made, and the name of the court making the order. If a defendant with a class C or M drivers license satisfies the court that impounding his or her drivers license and ordering the defendant not to drive will affect his or her livelihood, the court shall order that the person limit his or her driving for a period not to exceed 30 days to driving that is essential in the courts determination to the persons employment, including the persons driving to and from his or her place of employment if other means of transportation are not reasonably available. The court shall provide for the endorsement of the limitation on the persons license. The impounding of the license and ordering the person not to drive or the order limiting the persons driving does not constitute a suspension of the license, but a violation of the order constitutes contempt of court.
40508. (a) A person willfully violating his or her their written promise to appear or a lawfully granted continuance of his or her their promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor regardless of the disposition of the charge upon which he or she the person was originally arrested.(b) A person willfully failing to pay bail in installments as agreed to under Section 40510.5 or a lawfully imposed fine for a violation of a provision of this code or a local ordinance adopted pursuant to this code within the time authorized by the court and without lawful excuse having been presented to the court on or before the date the bail or fine is due is guilty of a misdemeanor regardless of the full payment of the bail or fine after that time.(c) A person willfully failing to comply with a condition of a court order for a violation of this code, other than for failure to appear or failure to pay a fine, is guilty of a misdemeanor, regardless of his or her their subsequent compliance with the order.(d)If a person convicted of an infraction fails to pay bail in installments as agreed to under Section 40510.5, or a fine or an installment thereof, within the time authorized by the court, the court may, except as otherwise provided in this subdivision, impound the persons drivers license and order the person not to drive for a period not to exceed 30 days. Before returning the license to the person, the court shall endorse on the reverse side of the license that the person was ordered not to drive, the period for which that order was made, and the name of the court making the order. If a defendant with a class C or M drivers license satisfies the court that impounding his or her drivers license and ordering the defendant not to drive will affect his or her livelihood, the court shall order that the person limit his or her driving for a period not to exceed 30 days to driving that is essential in the courts determination to the persons employment, including the persons driving to and from his or her place of employment if other means of transportation are not reasonably available. The court shall provide for the endorsement of the limitation on the persons license. The impounding of the license and ordering the person not to drive or the order limiting the persons driving does not constitute a suspension of the license, but a violation of the order constitutes contempt of court.
40508. (a) A person willfully violating his or her their written promise to appear or a lawfully granted continuance of his or her their promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor regardless of the disposition of the charge upon which he or she the person was originally arrested.(b) A person willfully failing to pay bail in installments as agreed to under Section 40510.5 or a lawfully imposed fine for a violation of a provision of this code or a local ordinance adopted pursuant to this code within the time authorized by the court and without lawful excuse having been presented to the court on or before the date the bail or fine is due is guilty of a misdemeanor regardless of the full payment of the bail or fine after that time.(c) A person willfully failing to comply with a condition of a court order for a violation of this code, other than for failure to appear or failure to pay a fine, is guilty of a misdemeanor, regardless of his or her their subsequent compliance with the order.(d)If a person convicted of an infraction fails to pay bail in installments as agreed to under Section 40510.5, or a fine or an installment thereof, within the time authorized by the court, the court may, except as otherwise provided in this subdivision, impound the persons drivers license and order the person not to drive for a period not to exceed 30 days. Before returning the license to the person, the court shall endorse on the reverse side of the license that the person was ordered not to drive, the period for which that order was made, and the name of the court making the order. If a defendant with a class C or M drivers license satisfies the court that impounding his or her drivers license and ordering the defendant not to drive will affect his or her livelihood, the court shall order that the person limit his or her driving for a period not to exceed 30 days to driving that is essential in the courts determination to the persons employment, including the persons driving to and from his or her place of employment if other means of transportation are not reasonably available. The court shall provide for the endorsement of the limitation on the persons license. The impounding of the license and ordering the person not to drive or the order limiting the persons driving does not constitute a suspension of the license, but a violation of the order constitutes contempt of court.
40508. (a) A person willfully violating his or her their written promise to appear or a lawfully granted continuance of his or her their promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor regardless of the disposition of the charge upon which he or she the person was originally arrested.
(b) A person willfully failing to pay bail in installments as agreed to under Section 40510.5 or a lawfully imposed fine for a violation of a provision of this code or a local ordinance adopted pursuant to this code within the time authorized by the court and without lawful excuse having been presented to the court on or before the date the bail or fine is due is guilty of a misdemeanor regardless of the full payment of the bail or fine after that time.
(c) A person willfully failing to comply with a condition of a court order for a violation of this code, other than for failure to appear or failure to pay a fine, is guilty of a misdemeanor, regardless of his or her their subsequent compliance with the order.
(d)If a person convicted of an infraction fails to pay bail in installments as agreed to under Section 40510.5, or a fine or an installment thereof, within the time authorized by the court, the court may, except as otherwise provided in this subdivision, impound the persons drivers license and order the person not to drive for a period not to exceed 30 days. Before returning the license to the person, the court shall endorse on the reverse side of the license that the person was ordered not to drive, the period for which that order was made, and the name of the court making the order. If a defendant with a class C or M drivers license satisfies the court that impounding his or her drivers license and ordering the defendant not to drive will affect his or her livelihood, the court shall order that the person limit his or her driving for a period not to exceed 30 days to driving that is essential in the courts determination to the persons employment, including the persons driving to and from his or her place of employment if other means of transportation are not reasonably available. The court shall provide for the endorsement of the limitation on the persons license. The impounding of the license and ordering the person not to drive or the order limiting the persons driving does not constitute a suspension of the license, but a violation of the order constitutes contempt of court.
Except as otherwise provided in this article, it is unlawful and constitutes an infraction for a person to violate, or fail to comply with, any provision of this code, or any local ordinance adopted pursuant to this code.