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.