HomeMy WebLinkAboutMINUTES - 07082014 - C.130RECOMMENDATION(S):
Adopt Resolution No. 2014/237 to increase the assessment upon every person who violates his or her written promise
to appear in a Contra Costa County court, pursuant to Penal Code section 853.7(a) and Vehicle Code section 40508.5,
from $7 to $15, and to authorize the Contra Costa County Superior Court to impose the increased assessment to
modernize and maintain the County's Automated Warrant System.
FISCAL IMPACT:
Budgeted; no additional fiscal impact. This action should increase the receipt of revenue to support the County's
automated warrant system.
BACKGROUND:
Chapter 151, Statutes of 1986, authorized a county's board of supervisors to require, by resolution, the courts of the
county to impose, in addition to any other fees authorized by law, an assessment of $7 on any person who violates a
promise to appear for a driving offense or any other matter or for failure to pay a fine lawfully imposed by a court for
a violation of the Vehicle Code, as specified. On June 28, 1988, the Board of Supervisors adopted Resolution No.
88/400 implementing the $7 assessment and directing the Auditor-Controller to establish a special fund into which
the proceeds could be deposited for the development and operation of an automated warrant system, pursuant to State
statute. The County has operated an automated warrant system for the benefit of all local law enforcement agencies
since the late 1980s, funded substantially by this assessment.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 07/08/2014 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Julie Enea
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: July 8, 2014
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C.130
To:Board of Supervisors
From:David Twa, County Administrator
Date:July 8, 2014
Contra
Costa
County
Subject:Implementing Penal Code Section 853.7(a) and Vehicle Code Section 40508.5 in Contra Costa County
BACKGROUND: (CONT'D)
In 2003, State statute was amended, permitting counties to increase the assessment from $7 to $15 and, in August
2009, the County increased the assessment to $15 (Resolution No. 2009/404).
In 2010, the Superior Court reinterpreted the statute and began imposing the assessment only for a Failure to
Appear violation and not for a Failure to Pay violation, resulting in a decrease to County revenue to support the
automated warrant system. The County asked the Superior Court to reconsider the interpretation and the Court has
agreed to the broader interpretation allowed by the statute. The attached resolution clarifies how the Court will
impose the assessment henceforth.
CONSEQUENCE OF NEGATIVE ACTION:
If the resolution is not adopted, the Superior Court will not have the direction it requires to implement the
assessment that funds the County's automated warrant system, a tool utilized daily by all local law enforcement
agencies.
CHILDREN'S IMPACT STATEMENT:
ATTACHMENTS
Resolution No. 2014/237
Resolution No. 2009/404
ARCHIVED DOCUMENT