BILL ANALYSIS Ó AB 2487 Page 1 ASSEMBLY THIRD READING AB 2487 (Wagner) As Amended April 22, 2014 Majority vote PUBLIC SAFETY 4-1 -------------------------------- |Ayes:|Melendez, Jones-Sawyer, | | |Quirk, Waldron | | | | |-----+--------------------------| |Nays:|Stone | | | | -------------------------------- SUMMARY : Deletes the requirement that a defendant that is dissatisfied with the decision of the court, after having elected to have a trial by declaration for an alleged traffic infraction, shall have the right to a trial de novo. EXISTING LAW : 1)Requires that the court shall, by rule, provide that the defendant may elect to have a trial by written declaration upon any alleged infraction, as charged by the citing officer, involving a violation of the Vehicle Code, or any local ordinance, as specified. 2)Authorizes the Judicial Council to adopt rules and forms governing trials by declaration. Any rule or form adopted by the Judicial Council shall supersede any local rule of court adopted pursuant to these provisions. 3)Provides that if the defendant elects to have a trial by written declaration, the defendant shall at the time of submitting the declaration, submit bail in the amount scheduled in the uniform traffic penalty schedule, as specified. If the defendant is found not guilty or if the charges are otherwise dismissed, the amount of the bail shall be promptly refunded to the defendant. 4)Notwithstanding the rule of evidence, the rules governing trials by written declaration may provide for testimony and AB 2487 Page 2 other relevant evidence to be introduced in the form of a notice to appear, a business record or receipt, a sworn declaration of the arresting officer, or a written statement, or letter signed by the defendant. 5)Provides that if the defendant is dissatisfied with the decision of the court in a trial by declaration shall be granted a trial de novo. FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS : According to the author, "Under existing law defendant charged with a Vehicle Code infraction may elect to have a trial by written declaration on the alleged infraction, with the exception of drug and alcohol infraction (Vehicle Code Section 40310). If the defendant is dissatisfied with a decision of the court in that proceeding the defendant is entitled to a "trial de novo" or trial before a Traffic Court which results in a waste of court resources. In some counties, a trial de novo is requested in 40 to 50 percent of cases where the defendant has not prevailed on the written declaration. Rather than providing a convenient way for a traffic violator who lives an impractical or inconvenient distance from the court to contest matters, the process is being used to give a second bite at the apple to win a case. AB 2487 increases the efficiency of courts by providing that when a defendant accused of a Vehicle Code infraction opts for a trial by written declaration, that defendant cannot also request a new trial in Traffic Court." Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0003233 AB 2487 Page 3