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AB-1310 Traffic violator school: fees.(2019-2020)

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Date Published: 06/17/2019 09:00 PM
AB1310:v97#DOCUMENT

Amended  IN  Senate  June 17, 2019
Amended  IN  Assembly  March 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1310


Introduced by Assembly Member Reyes

February 22, 2019


An act to amend Section 42007 of the Vehicle Code, relating to traffic violator school.


LEGISLATIVE COUNSEL'S DIGEST


AB 1310, as amended, Reyes. Traffic violator school: fees.
Existing law requires the clerk of the court to collect a fee from every person who is ordered or permitted to attend a traffic violator school pursuant to specified provisions of law, in an amount equal to the total bail set forth for the eligible offense on the uniform countywide bail schedule. Existing law authorizes the clerk to accept a payment of at least 10% of the required fee upon filing a written agreement by the defendant to pay the remaining amount according to an installment schedule of up to 90 days. Under existing law, the clerk is also required to collect a fee from the person to cover administrative and clerical costs, as specified.
This bill would extend the length of the installment payment period to a minimum of 180 days, and would authorize a longer payment schedule if necessary as a result of the defendant’s financial circumstances. The bill would require the court to waive the fee if the defendant agrees to perform community service. The bill would delete the requirement for the clerk to collect the administrative and clerical costs fee.
Existing law authorizes the court to convert the fee to bail, declare it forfeited, and report the forfeiture as a conviction if a defendant fails to make an installment payment of the fee according to an installment agreement, and authorizes the court to charge a failure to pay and impose a civil assessment, or issue an arrest warrant, for a failure to pay the fee.
This bill would delete the court’s authorization to issue an arrest warrant for a failure to pay, and would instead authorize a court to take those other actions if a defendant willfully fails to make an installment payment of the fee according to an installment agreement without good cause or if a defendant willfully fails to pay without good cause, respectively.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 42007 of the Vehicle Code is amended to read:

42007.
 (a) (1) (A) The clerk of the court shall collect a fee from every person who is ordered or permitted to attend a traffic violator school pursuant to Section 41501 or 42005 in an amount equal to the total bail set forth for the eligible offense on the uniform countywide bail schedule. As used in this subdivision, “total bail” means the amount established pursuant to Section 1269b of the Penal Code in accordance with the Uniform Bail and Penalty Schedule adopted by the Judicial Council, including all assessments, surcharges, and penalty amounts. Where multiple offenses are charged in a single notice to appear, the “total bail” is the amount applicable for the greater of the qualifying offenses. However, the court may determine a lesser fee under this subdivision upon a showing that the defendant is unable to pay the full amount.
(B) The fee shall not include the cost, or part thereof, of traffic safety instruction offered by a traffic violator school.
(2) The clerk may accept from a defendant who is ordered or permitted to attend traffic violator school a payment of at least 10 percent of the fee required by paragraph (1) upon filing a written agreement by the defendant to pay the remainder of the fee according to an installment payment schedule of at least 180 days as agreed upon with the court, or according to a longer payment schedule if necessary as a result of the defendant’s financial circumstances. The Judicial Council shall prescribe the form of the agreement for payment of the fee in installments. When the defendant signs the Judicial Council form for payment of the fee in installments, the court shall continue the case to the date in the agreement to complete payment of the fee and submit the certificate of completion of traffic violator school to the court.
(3) If a defendant willfully fails to make an installment payment of the fee according to an installment agreement without good cause, the court may convert the fee to bail, declare it forfeited, and report the forfeiture as a conviction under Section 1803. The court may also charge a failure to pay under Section 40508 and impose a civil assessment as provided in Section 1214.1 of the Penal Code for a willful failure to pay without good cause. For the purposes of reporting a conviction under this subdivision to the department under Section 1803, the date that the court declares the bail forfeited shall be reported as the date of conviction.
(4) The court shall waive the fee required by paragraph (1) if the defendant agrees in writing to perform community service in a manner prescribed by the court.
(b) Revenues derived from the fee collected under this section shall be deposited in accordance with Section 68084 of the Government Code in the general fund of the county and, as may be applicable, distributed as follows:
(1) In a county in which a fund is established pursuant to Section 76100 or 76101 of the Government Code, the sum of one dollar ($1) for each fund so established shall be deposited with the county treasurer and placed in that fund.
(2) In a county that has established a Maddy Emergency Medical Services Fund pursuant to Section 1797.98a of the Health and Safety Code, an amount equal to the sum of each two dollars ($2) for every seven dollars ($7) that would have been collected pursuant to Section 76000 of the Government Code and, commencing January 1, 2009, an amount equal to the sum of each two dollars ($2) for every ten dollars ($10) that would have been collected pursuant to Section 76000.5 of the Government Code with respect to those counties to which that section is applicable shall be deposited in that fund. The act that added this paragraph shall not be interpreted in a manner that would result in either of the following:
(A) The utilization of penalty assessment funds that had been set aside, on or before January 1, 2000, to finance debt service on a capital facility that existed before January 1, 2000.
(B) The reduction of the availability of penalty assessment revenues that had been pledged, on or before January 1, 2000, as a means of financing a facility that was approved by a county board of supervisors, but on January 1, 2000, is not under construction.
(3) The amount of the fee that is attributable to Section 70372 of the Government Code shall be transferred pursuant to subdivision (f) of that section.
(c) For fees resulting from city arrests, an amount equal to the amount of base fines that would have been deposited in the treasury of the appropriate city pursuant to paragraph (3) of subdivision (b) of Section 1463.001 of the Penal Code shall be deposited in the treasury of the appropriate city.
(d) The clerk of the court, in a county that offers traffic school shall include in any courtesy notice mailed to a defendant for an offense that qualifies for traffic school attendance the following statement:
 
NOTICE: If you are eligible and decide not to attend traffic school your automobile insurance may be adversely affected. For drivers with a noncommercial driver’s license, one conviction in any 18-month period will be held confidential and not show on your driving record if you complete a traffic violator school program. For drivers with a commercial driver’s license, one conviction in any 18-month period will show on your driving record without a violation point if you complete a traffic violator school program.
 
(e) Notwithstanding any other law, a county that has established a Maddy Emergency Medical Services Fund pursuant to Section 1797.98a of the Health and Safety Code shall not be held liable for having deposited into the fund, prior to January 1, 2009, an amount equal to two dollars ($2) for every ten dollars ($10) that would have been collected pursuant to Section 76000.5 of the Government Code from revenues derived from traffic violator school fees collected pursuant to this section.