California 2015-2016 Regular Session Status: Enacted Bipartisan · 1 R · 1 D cosponsors

SB 405 — Failure to appear in court: fines.

Last action — Chaptered by Secretary of State. Chapter 385, Statutes of 2015.

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

This bill has been enacted into law. Introduced February 25, 2015. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 14 sponsors

    1 primary, 13 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (1 R · 1 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 9 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

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 10 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 instead provide that the assessment would not become effective until at least 20 calendar days after the court mails a warning notice to the defendant. The bill would provide that payment of bail, fines, penalties, fees, or a civil assessment is not required in order for the court to vacate the assessment at the time the person makes an appearance, as specified. The bill would also provide that payment of a civil assessment is not required to schedule a court hearing on a pending underlying charge. Existing law requires a county to establish an amnesty program for fines and bail initially due on or before January 1, 2013, for Vehicle Code infractions to be conducted in accordance with guidelines adopted by the Judicial Council. Existing law requires the program to accept payments from October 1, 2015, to March 31, 2017, inclusive. Eligibility criteria for the program include, among other things, that the person is not currently making payments to a comprehensive collection program for fines or bail already due, as specified. This bill would revise that criterion to make a person eligible for the program if he or she has not made any payments after September 30, 2015, to a comprehensive collection program for fines or bail already due. The bill would authorize the Judicial Council to consider, adopt, or develop recommendations for an appropriate mechanism to allow reinstatement of the driving privileges of a person who otherwise meets the criteria for amnesty but who has violations in more than one county. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 385, Statutes of 2015.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:45 p.m.

  4. Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2750.) Ordered to engrossing and enrolling.

  5. Urgency clause adopted.

  6. From committee: That the Assembly amendments be concurred in. (Ayes 7. Noes 0.)

  7. From committee: Be re-referred to Com. on PUB. S. pursuant to Senate Rule 29.10(d). (Ayes 5. Noes 0.) Re-referred to Com. on PUB. S.

  8. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(d).

  9. In Senate. Concurrence in Assembly amendments pending.

  10. Read third time. Urgency clause adopted. Passed. (Ayes 78. Noes 0. Page 3031.) Ordered to the Senate.

  11. Ordered to third reading.

  12. Read third time and amended.

  13. Ordered to third reading.

  14. Read third time and amended.

  15. Read second time. Ordered to third reading.

  16. Ordered to second reading.

  17. Withdrawn from committee.

  18. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  19. From committee: Do pass and re-refer to Com. on APPR. (Ayes 16. Noes 0.) (July 13). Re-referred to Com. on APPR.

  20. From committee with author's amendments. Read second time and amended. Re-referred to Com. on TRANS.

  21. From committee: Do pass and re-refer to Com. on TRANS. (Ayes 6. Noes 0.) (June 30). Re-referred to Com. on TRANS.

  22. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  23. Referred to Coms. on PUB. S. and TRANS.

  24. In Assembly. Read first time. Held at Desk.

  25. Read third time. Passed. (Ayes 39. Noes 1. Page 1254.) Ordered to the Assembly.

  26. Read second time and amended. Ordered to third reading.

  27. From committee: Do pass as amended. (Ayes 5. Noes 1. Page 1153.) (May 28).

  28. Set for hearing May 28.

  29. May 18 hearing: Placed on APPR. suspense file.

  30. Set for hearing May 18.

  31. May 11 hearing postponed by committee.

  32. Set for hearing May 11.

  33. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 822.) (April 28). Re-referred to Com. on APPR.

  34. Set for hearing April 28.

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

  36. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  37. Referred to Com. on RLS.

  38. From printer. May be acted upon on or after March 28.

  39. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Beall · Cosponsor
  • Atkins · Cosponsor
  • Chang · Cosponsor
  • Chiu · Cosponsor
  • Cooley · Cosponsor
  • Dodd · Cosponsor
  • Hertzberg · Primary
  • Hill · Cosponsor
  • Jones-Sawyer · Cosponsor
  • Tom Lackey · Cosponsor
  • Leno · Cosponsor
  • Wieckowski · Cosponsor
  • Lena A. Gonzalez · Cosponsor
  • Cristina Garcia · Cosponsor

Sponsorship breakdown

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1 sponsors · 13 co-sponsors · 108 not signed on

Sponsors (1)

  • Hertzberg

Co-sponsors (13)

Not signed on (108)

108 members have not signed on to this bill.

Show all 108 →

"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

Votes

Unfinished Business SB405 Hertzberg Urgency Clause Concurrence

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Democratic 3000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Anderson — Yea
Block — Yea
Hernandez — Yea
Liu — Yea
Moorlach — Yea
Nielsen — Yea
Vidak — Yea
Wieckowski — Yea
Fuller — Yea
Galgiani — Yea
Glazer — Yea
Cannella — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Runner — Yea
Hall — Yea
Bates — Yea
Beall — Yea
Hancock — Yea
Hertzberg — Yea
Hill — Yea
Hueso — Yea
Huff — Yea
Lara — Yea
Leno — Yea
Leyva — Yea
Mendoza — Yea
Monning — Yea
Morrell — Yea
Pan — Yea
Pavley — Yea
Roth — Yea
Wolk — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

SB 405 Hertzberg Third Reading Urgency By ATKINS

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 69002
Republican 5000
Democratic 4000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Alejo — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Holden — Yea
Low — Yea
Maienschein — Yea
Mathis — Yea
Melendez — Yea
Olsen — Yea
Rendon — Yea
Ridley-Thomas — Not Voting
Steinorth — Yea
Ting — Yea
Waldron — Yea
Williams — Yea
Eggman — Yea
Cooper — Yea
Daly — Yea
Frazier — Yea
Burke — Yea
Salas — Yea
Gatto — Yea
Chang — Yea
Gomez — Yea
Gordon — Yea
Harper — Yea
Chau — Yea
Kim — Yea
Levine — Yea
Gray — Yea
Linder — Yea
Chiu — Yea
Mayes — Yea
Atkins — Yea
Chu — Yea
Chávez — Yea
Achadjian — Yea
Baker — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
McCarty — Yea
Nazarian — Yea
O'Donnell — Yea
Obernolte — Yea
Perea — Yea
Rodriguez — Yea
Thurmond — Yea
Weber — Yea
Wilk — Yea
Bonilla — Yea
Lopez — Yea
Campos — Yea
Hadley — Yea
Jones-Sawyer — Not Voting
Medina — Yea
Mullin — Yea
Quirk — Yea
Santiago — Yea
Wagner — Yea
Wood — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
Achadjian — Yea
Kim — Yea
Melendez — Yea
Chu — Yea
Campos — Yea
Daly — Yea
Dodd — Yea
Gomez — Yea
Baker — Yea
Bloom — Yea
Linder — Yea
Medina — Yea
Nazarian — Yea
O'Donnell — Yea
Frazier — Yea
Eduardo Garcia — Yea

Official roll call →

3rd Reading

Passed 39 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 36100
Democratic 3000
Total 39100
% of votes cast 98%3%0%0%
How each member voted (40)
Member Party Vote
Anderson — Yea
Hernandez — Yea
Leno — Yea
Moorlach — Yea
Pavley — Yea
Cannella — Yea
Galgiani — Yea
Hall — Yea
Allen — Yea
Hancock — Yea
Mitchell — Yea
De León — Yea
Runner — Yea
Hertzberg — Yea
Hill — Yea
Bates — Yea
Beall — Yea
Block — Yea
Hueso — Yea
Huff — Yea
Lara — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Morrell — Yea
Nielsen — Nay
Pan — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Wolk — Yea
Fuller — Yea
Glazer — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Do pass as amended

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5101
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Leyva — Yea
Hill — Yea
Lara — Yea
Bates — Not Voting
Beall — Yea
Mendoza — Yea
Nielsen — Nay

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Hill — Yea
Lara — Yea
Mendoza — Yea
Nielsen — Yea
Beall — Yea
Leyva — Yea

Official roll call →

Subjects

public-safety civil-rights elections
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Frequently asked questions

What does SB 405 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 10 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 instead provide that the assessment would not become effective until at least 20 calendar days after the court mails a warning notice to the defendant. The bill would provide that payment of bail, fines, penalties, fees, or a civil assessment is not required in order for the court to vacate the assessment at the time the person makes an appearance, as specified. The bill would also provide that payment of a civil assessment is not required to schedule a court hearing on a pending underlying charge. Existing law requires a county to establish an amnesty program for fines and bail initially due on or before January 1, 2013, for Vehicle Code infractions to be conducted in accordance with guidelines adopted by the Judicial Council. Existing law requires the program to accept payments from October 1, 2015, to March 31, 2017, inclusive. Eligibility criteria for the program include, among other things, that the person is not currently making payments to a comprehensive collection program for fines or bail already due, as specified. This bill would revise that criterion to make a person eligible for the program if he or she has not made any payments after September 30, 2015, to a comprehensive collection program for fines or bail already due. The bill would authorize the Judicial Council to consider, adopt, or develop recommendations for an appropriate mechanism to allow reinstatement of the driving privileges of a person who otherwise meets the criteria for amnesty but who has violations in more than one county. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors SB 405?
SB 405 is sponsored by Beall, Atkins, Chang, Chiu, Cooley, Dodd, Hertzberg, Hill, Jones-Sawyer, Lackey, Tom (Republican), Leno, Wieckowski, Gonzalez, Lena A. (Democratic), and Cristina Garcia.
What is the current status of SB 405?
This bill has been enacted into law. Introduced February 25, 2015. Enacted.
Where can I track SB 405?
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