HomeMy WebLinkAboutMINUTES - 02231993 - 1.6 (2) 1. 6 o
TO: BOARD OF SUPERVISORS bE.L Contra
.
FROM: Phil Batchelor, County Administrator
nil Costa
County
DATE: February 16, 1993 r U-
SUBJECT: LEGISLATION: SB 149 (Boatwright) - REVISES EFFECTIVE DATES FOR
FINES AND FORFEITURES WHICH CAN QUALIFY FOR AN AMNESTY PROGRAM
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION.
RECOMMENDATION:
Acknowledge that the Board of Supervisors is the SPONSOR of SB 149
by Senator Boatwright, which would allow specified fines or
forfeitures which have been delinquent for a six month period to
qualify for an amnesty program.
BACKGROUND:
Under current law, a Municipal Court may conduct an amnesty program
for delinquent fines and forfeitures which includes most infraction
or misdemeanor violations of the Vehicle Code for other than
parking violations . The program may provide, at the option of the
Court, for the payment of either 70% of the total fine or bail or
for the payment of $100 for an infraction or $500 . for a
misdemeanor. This payment is made in full satisfaction of the
original amount of the fine or bail . However, the current law
limits eligible violations to those which were due on or before
April 1, 1991 .
Contra Costa County has already conducted an amnesty program for
violations which have been delinquent since April 1, 1991 . It is
unlikely that operating another amnesty program limited to these
same violations will accomplish much in the way of clearing the
backlog of violations . In addition, it will be difficult to
explain to an individual why a violation issued in March, 1991 is
eligible for the amnesty program, but one issued in June, 1991 .is
not eligible.
CONTINUED ON ATTACHMENT: _X_YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURE S: /1z�ff
ACTION OF BOARD ON APPROVED AS RECOMMENDED �L OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORSON T E DATE SHOWN.
ATTESTED 1,9/ g
Contact: PHIL BATCHELOR,CLERK OF TH VBOARD OF
cc: See Page 2 . SUPERVISORS AND COUNTY ADMINISTRATOR
BY v' DEPUTY
-2-
Senator Boatwright has agreed to introduce SB 149 which does the
following:
Eliminates the April 1, 1991 date and replaces it with a six month
period prior to the start of an amnesty program. Thus, if, for
instance, Contra Costa County were to initiate an amnesty program
on June 1, 1993 under the terms of SB 149 , all violations which
were due on or before December 1, 1992 could be included under the
amnesty program.
In this example, all delinquent violations which became delinquent
between April 1, 1991 and December 1, 1992 would be newly eligible
for the amnesty program. All remaining violations which became
delinquent on or before April 1, 1991 would also still be eligible.
The financial advantage of an amnesty program is that the County
retains 100% of the money that is collected, rather than having to
share it with other jurisdictions and programs .
This legislation is a part of the Board's 1993 Legislative Program
and we are, therefore, recommending that the Board acknowledge its
sponsorship of SB 149 .
cc: County Administrator
Municipal Court Administrator
County Counsel
George Roemer, Senior Deputy County Administrator
Les Spahnn, SRJ. Jackson, Barish & Associates
SENATE BILL No. 149
Introduced by Senator Boatwright
January 28, 1993
An act to amend Section 42008 of the Vehicle Code,relating
to penalties.
LEGISLATIVE COUNSEL'S DIGEST..
SB 149, as introduced, Boatwright. Penalties: Vehicle
Code: amnesty program.
Existing law authorizes any county to operate an amnesty
program for delinquent fines and bail imposed for infraction
or misdemeanor violations of the Vehicle Code, except
parking and other specified violations, for which a fine or bail
was delinquent on or. before April 1, 1991.
This bill would provide that fines or bail may qualify for the
amnesty program if they were due on or before a date which
is 6 months or more-prior to the initial date of the.amnesty
program.
Vote: majority. Appropriation: no. Fiscal committee:_. no.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 42008 of the Vehicle Code is
2 amended to read:
3 42008. (a) Any county may operate an amnesty
4 program for delinquent fines and bail imposed for an
5 infraction or misdemeanor violation of the Vehicle Code,
6 except parking violations of the Vehicle Code and
7 violations of Section 23103, 23104, 23152, or 23153. The
8 program shall be implemented by the courts in
9 accordance with Judicial .Council guidelines, and shall
10 apply to infraction or misdemeanor violations of the
11 Vehicle Code, except parking violations, upon which a
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SB 149 —2=--
1 fine or,bail was delinquent eft eg before �I-WA has
2 been delinquent for six months or more as of the first date
3 of the amnesty program.
4 (b) Under the amnesty program, any person owing a
5 fine or bail due on or before Ap �h 4WA a date which
6 is. six months or more prior to the initial date of the
7- amnesty program, that was imposed for an infraction or
8 misdemeanor violation . of the Vehicle Code, except
9 violations of Section 23103, 23104, 23152, or 23153 or
10 parking violations, may pay to the municipal or justice
11 court the amount scheduled by the court; which shall be
.12 either (1) 70 percent of the total fine or bail or (2) the
13 amount.of one hundred dollars ($100) for an infraction or
14 five hundred dollars ($500) for a misdemeanor. This
15 amount shall be accepted by the court in full satisfaction
16 of the delinquent fine or bail.
17 (c) , No criminal action shall be brought against any
18 person for a- delinquent fine or bail paid under this
19 amnesty program and no other additional penalties shall
20 be assessed for the late payment of the fine or bail made
21. under the amnesty program.
22 (d) Notwithstanding Section 1463, the total amount of
23 funds collected by the courts pursuant to the amnesty
24 program created by this section shall be deposited in the
25 county treasury.
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