California 2017-2018 Regular Session Status: In Committee

AB 412 — Courts: civil assessments.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law authorizes the court, in addition to any other penalty in an infraction, misdemeanor, or felony case, to impose a civil assessment of up to $300 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 or to pay an installment of bail, as specified. Existing law provides that the assessment shall not become effective until at least 20 calendar days after the court mails a warning notice to the defendant, and requires the court, 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 or installment of bail, to vacate the assessment. This bill would provide that the assessment shall not become effective until at least 60 days after the court mails a warning notice to the defendant. The bill would require the court to vacate a civil assessment if the underlying charge is dismissed, refund any payments made by a defendant towards that assessment, and terminate any collection action. The bill would require the court to vacate a civil assessment imposed pursuant to those provisions, if the defendant certifies that he or she had good cause to not appear or not pay a fine, or is unable to pay the assessment. The bill would define good cause for this purpose. The bill would also require a court to allow a defendant to file a motion to vacate a civil assessment at any time. Finally, the bill would require the court to include a form to petition the court to vacate a civil assessment with any notice of or request to pay the civil assessment.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. In committee: Held under submission.

  4. In committee: Set, first hearing. Referred to APPR. suspense file.

  5. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (March 21). Re-referred to Com. on APPR.

  6. Re-referred to Com. on PUB. S.

  7. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  8. Referred to Com. on PUB. S.

  9. From printer. May be heard in committee March 12.

  10. Read first time. To print.

Sponsors

  • Ting · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Ting

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety
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Frequently asked questions

What does AB 412 do?
Existing law authorizes the court, in addition to any other penalty in an infraction, misdemeanor, or felony case, to impose a civil assessment of up to $300 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 or to pay an installment of bail, as specified. Existing law provides that the assessment shall not become effective until at least 20 calendar days after the court mails a warning notice to the defendant, and requires the court, 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 or installment of bail, to vacate the assessment. This bill would provide that the assessment shall not become effective until at least 60 days after the court mails a warning notice to the defendant. The bill would require the court to vacate a civil assessment if the underlying charge is dismissed, refund any payments made by a defendant towards that assessment, and terminate any collection action. The bill would require the court to vacate a civil assessment imposed pursuant to those provisions, if the defendant certifies that he or she had good cause to not appear or not pay a fine, or is unable to pay the assessment. The bill would define good cause for this purpose. The bill would also require a court to allow a defendant to file a motion to vacate a civil assessment at any time. Finally, the bill would require the court to include a form to petition the court to vacate a civil assessment with any notice of or request to pay the civil assessment.
Who sponsors AB 412?
AB 412 is sponsored by Ting.
What is the current status of AB 412?
This bill died with 2017-2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 412?
Track AB 412 free on One Click Politics — get push/email alerts when it moves.

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