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AB-2903 Traffic violator school: fees.(2019-2020)

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Date Published: 02/21/2020 09:00 PM
AB2903:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2903


Introduced by Assembly Member Limón

February 21, 2020


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


LEGISLATIVE COUNSEL'S DIGEST


AB 2903, as introduced, Limón. Traffic violator school: fees.
Existing law authorizes a court to order or permit a person who pleads guilty or who pleads no contest or who is convicted of a traffic offense to attend a licensed traffic violator school. 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.
This bill would instead require the clerk to permit a defendant who is ordered or permitted to attend traffic violator school, and who demonstrates to the court an inability to pay the total required fee immediately, to pay the fee in installments. The bill would make the defendant eligible to attend traffic violator school upon payment of the first installment. The bill would permit the installment schedule to be longer than 90 days if agreed upon by the court.
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.

The

(B) The fee shall not include the cost, or any part thereof, of traffic safety instruction offered by a traffic violator school.
(2) The clerk may accept from If 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) demonstrates to the court that, due to financial circumstances, the defendant is unable to pay the total fee required under paragraph (1) immediately, the clerk shall permit the defendant to pay the fee in installments, upon filing a written agreement by the defendant to pay the remainder of the fee according to an installment payment schedule of no more than 90 days or longer as agreed upon with the court. The defendant shall be eligible to attend traffic violator school upon payment of the first installment. 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. The clerk shall collect a fee of up to thirty-five dollars ($35) to cover administrative and clerical costs for processing an installment payment of the traffic violator school fee under this paragraph.
(3) If a defendant fails to make an installment payment of the fee according to an installment agreement, 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 or issue an arrest warrant for a failure to pay. 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.
(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 any 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 any 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. Nothing in the 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 which 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 a 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 provision of 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.