BILL NUMBER: AB 1346	CHAPTERED
	BILL TEXT

	CHAPTER   217
	FILED WITH SECRETARY OF STATE   JULY 22, 1996
	APPROVED BY GOVERNOR   JULY 20, 1996
	PASSED THE SENATE   JULY 8, 1996
	PASSED THE ASSEMBLY   JANUARY 31, 1996
	AMENDED IN ASSEMBLY   JANUARY 11, 1996

INTRODUCED BY  Assembly Members Baldwin, Alby, Bordonaro, Goldsmith,
and Richter

                        FEBRUARY 23, 1995

   An act to amend Section 1214.1 of the Penal Code, relating to
civil assessments, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1346, Baldwin.  Civil assessments.
   Existing law provides that, in addition to any other penalty in
criminal cases, the court may impose a civil assessment not exceeding
$250 against any defendant who fails, after notice and without good
cause, to appear in court for any proceeding authorized by law.
   This bill would additionally authorize the court, in addition to
any other penalty in infraction, misdemeanor, or felony cases, to
impose a civil assessment against any defendant who fails to pay all
or any portion of a fine ordered by the court.
   Existing law further provides that if this civil assessment is
imposed, no bench or arrest warrant shall be issued with respect to
the failure to appear at the proceeding for which the assessment is
imposed.
   This bill would additionally provide that if a civil assessment is
imposed for a failure to pay a fine, no bench or arrest warrant
shall be issued with respect to the failure to pay the fine.  It also
would provide that an outstanding, unserved bench or arrest warrant
for a failure to appear or for a failure to pay a fine shall be
recalled prior to the subsequent imposition of a civil assessment.
  The bill would provide that it shall take effect immediately as an
urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1214.1 of the Penal Code is amended to read:
   1214.1.  (a) In addition to any other penalty in infraction,
misdemeanor, or felony cases, the court may impose a civil assessment
of up to two hundred fifty dollars ($250) against any defendant who
fails, after notice and without good cause, to appear in court for
any proceeding authorized by law or who fails to pay all or any
portion of a fine ordered by the court.
   (b) The assessment shall not become effective until at least 10
calendar days after the court mails a warning notice to the defendant
by first-class mail to the address shown on the notice to appear or
to the defendant's last known address.  If the defendant appears
within the time specified in the notice and shows good cause for the
failure to appear or for the failure to pay a fine, the court shall
vacate the assessment.
   (c) If a civil assessment is imposed under this section, no bench
warrant or warrant of arrest shall be issued with respect to the
failure to appear at the proceeding for which the assessment is
imposed or the failure to pay the fine.  An outstanding, unserved
bench warrant or warrant of arrest for a failure to appear or for a
failure to pay a fine shall be recalled prior to the subsequent
imposition of a civil assessment.
   (d) The assessment imposed under subdivision (a) shall be subject
to the due process requirements governing defense and collection of
civil money judgments generally.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to ease the fiscal crises faced by our counties by
authorizing them to collect civil assessments in infraction,
misdemeanor, and felony cases, it is necessary that this act take
effect immediately.