Bill Text: CA AB177 | 2021-2022 | Regular Session | Amended
Bill Title: Public safety.
Spectrum: Committee Bill
Status: (Passed) 2021-09-23 - Chaptered by Secretary of State - Chapter 257, Statutes of 2021. [AB177 Detail]
Download: California-2021-AB177-Amended.html
Amended
IN
Senate
September 05, 2021 |
Amended
IN
Assembly
February 18, 2021 |
Introduced by Committee on Budget (Assembly Members Ting (Chair), Arambula, Bennett, Bloom, Carrillo, Chiu, Cooper, Frazier, Friedman, Cristina Garcia, Jones-Sawyer, Lee, McCarty, Medina, Mullin, Nazarian, O’Donnell, Ramos, Reyes, Luz Rivas, Blanca Rubio, Stone, and Wood) |
January 08, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would express the intent of the Legislature to enact statutory changes, relating to the Budget Act of 2021.
Digest Key
Vote: MAJORITY Appropriation:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:SEC. 2.
It is the intent of the Legislature to eliminate the range of administrative fees that agencies and courts are authorized to impose to fund elements of the criminal legal system and to eliminate all outstanding debt incurred as a result of the imposition of administrative fees.SEC. 3.
The Legislature finds and declares all of the following:SEC. 4.
Section 367.8 is added to the Code of Civil Procedure, to read:367.8.
(a) The Judicial Council shall, by January 1, 2023, submit a report to the Legislature and the Governor on the use of remote technology in civil actions by the trial courts. The report shall report county-specific data that includes, but is not limited to, the following:SEC. 5.
Section 367.9 is added to the Code of Civil Procedure, to read:367.9.
(a) The Judicial Council shall convene a working group for the purpose of recommending a statewide framework for remote civil court proceedings that addresses equal and fair access to justice.SEC. 6.
Section 50050 of the Government Code is amended to read:50050.
(a) For purposes of this article, “local agency” includes all districts. Except as otherwise provided by law, money, excluding restitution to victims, that is not the property of a local agency that remains unclaimed in its treasury or in the official custody of its officers for three years is the property of the local agency after notice if not claimed or if no verified complaint is filed and served. At any time after the expiration of the three-year period, the treasurer of the local agency may cause a notice to be published once a week for two successive weeks in a newspaper of general circulation published in the local agency. At the expiration of the three-year period, money representing restitution collected on behalf of victims shall be deposited into the Restitution Fund or used by the local agency for purposes of victim services. If a local agency elects to use the money for purposes of victim services, the local agency shall first document that it has made a reasonable effort to locate and notify the victim to whom the restitution is owed. The local agency may utilize fees collected pursuant to subdivision (l) of Section 1203.1 or subdivision (f) of Section 2085.5 of the Penal Code to offset the reasonable cost of locating and notifying the victim to whom restitution is owed. With respect to moneys deposited with the county treasurer pursuant to Section 7663 of the Probate Code, this three-year period to claim money held by a local agency is extended for an infant or person of unsound mind until one year from the dateFor
SEC. 7.
Section 50050 is added to the Government Code, to read:50050.
(a) For purposes of this article, “local agency” includes all districts. Except as otherwise provided by law, money, excluding restitution to victims, that is not the property of a local agency that remains unclaimed in its treasury or in the official custody of its officers for three years is the property of the local agency after notice if not claimed or if no verified complaint is filed and served. At any time after the expiration of the three-year period, the treasurer of the local agency may cause a notice to be published once a week for two successive weeks in a newspaper of general circulation published in the local agency. At the expiration of the three-year period, money representing restitution collected on behalf of victims shall be deposited into the Restitution Fund or used by the local agency for purposes of victim services. If a local agency elects to use the money for purposes of victim services, the local agency shall first document that it has made a reasonable effort to locate and notify the victim to whom the restitution is owed. With respect to moneys deposited with the county treasurer pursuant to Section 7663 of the Probate Code, this three-year period to claim money held by a local agency is extended for an infant or person of unsound mind until one year from the date their disability ceases.SEC. 8.
Section 68119 is added to the Government Code, to read:68119.
(a) This section is intended to provide the Judicial Council and its Chairperson with continuing emergency authority as COVID-19 continues to impact California residents and the state’s judicial system. For a limited time, the Judicial Council and its Chairperson shall have the authority to take actions reasonably necessary to respond to the emergency conditions caused by COVID-19, in a manner consistent with the authority that was initially granted to the Judicial Council of California and its Chairperson under the Governor’s March 27, 2020, Executive Order N-38-20. This section is further intended to confirm that the emergency actions previously taken by the Judicial Council and its Chairperson under the authority of Executive Order N-38-20 and other laws, including emergency rules of court and statewide orders, were lawful and necessary to maintain access to the essential operations of California’s court system while protecting the health and safety of California residents. This section shall be construed to confer emergency rulemaking authority to the Judicial Council and its Chairperson to the greatest extent authorized in Section 6 of Article VI of the California Constitution, for purposes of issuing any rules or orders concerning civil or criminal court administration, practice, or procedure as they deem necessary to respond to the COVID-19 pandemic.SEC. 9.
Section 68645 of the Government Code is amended to read:68645.
The Judicial Council shall develop an online tool for adjudicating infraction violations, including ability-to-pay determinations. The Judicial Council shall implement the tool on a phased schedule and shall make this tool available statewide on or before June 30, 2024. A defendant, a designee of the defendant, or the defendant’s attorney, may, upon certification, access the online tool. A defendant shall not be compelled to use this online tool.SEC. 10.
Section 69950 of the Government Code is repealed.(a)The fee for transcription for original ribbon or printed copy is eighty-five cents ($0.85) for each 100 words, and for each copy purchased at the same time by the court, party, or other person purchasing the original, fifteen cents ($0.15) for each 100 words.
(b)The fee for a first copy to any court, party, or other person who does not simultaneously purchase the original shall be twenty cents ($0.20) for each 100 words, and for each additional copy, purchased at the same time, fifteen cents ($0.15) for each 100 words.
(c)Notwithstanding subdivisions (a) and (b), if a trial court had established transcription fees
that were in effect on January 1, 2012, based on an estimate or assumption as to the number of words or folios on a typical transcript page, those transcription fees shall be the transcription fees for proceedings in those trial courts, and the policy or practice for determining transcription fees in those trial courts shall not be unilaterally changed.
SEC. 11.
Section 69950 is added to the Government Code, to read:69950.
(a) The fee for transcription for original ribbon or printed copy is one dollar and thirteen cents ($1.13) for each 100 words, and for each copy purchased at the same time by the court, party, or other person purchasing the original, twenty cents ($0.20) for each 100 words.SEC. 12.
Section 69950.5 is added to the Government Code, to read:69950.5.
(a) On or before January 1, 2024, the Judicial Council shall report to the Legislature recommendations to increase uniformity in transcription rate expenditures in California. The intent of the report shall be to not reduce the rate of pay or overall compensation to reporters or jeopardize collective bargaining agreements. The Judicial Council shall work in collaboration with key stakeholder groups, including the California Court Reporters Association, exclusively recognized employee organizations representing court reporters, and the Court Reporters Board of California.SEC. 13.
Section 69951 of the Government Code is amended to read:69951.
For transcription,SEC. 14.
Section 77205 of the Government Code is amended to read:77205.
(a) Notwithstanding any other provision of law, in any year in which a county collects fee, fine, and forfeiture revenue for deposit into the county general fund pursuant to Sections 1463.001 and 1464 of the Penal Code, Sections 42007, 42007.1, and 42008 of the Vehicle Code, and Sections 27361 and 76000 of, and subdivision (f) of Section 29550 of, the Government Code that would have been deposited into the General Fund pursuant to these sections as they read on December 31, 1997,County | Amount |
Placer
........................
| $ 1,554,677 |
Riverside
........................
| 11,028,078 |
San Joaquin
........................
| 3,694,810 |
San Mateo
........................
| 5,304,995 |
Ventura
........................
| 4,637,294 |
SEC. 15.
Section 1001.15 of the Penal Code is amended to read:1001.15.
(a) In addition to the fees authorized or required by other provisions of law, a judge may require the payment of an administrative fee, as part of an enrollment fee in a diversion program, by a defendant accused of a felony to cover the actual cost of any criminalistics laboratory analysis, the actual cost of processing a request or application for diversion, and the actual cost of supervising the divertee pursuant to Chapter 2.5 (commencing with Section 1000), not to exceed five hundred dollars ($500). The fee shall be payable at the time of enrollment in the diversion program. The court shall take into consideration the defendant’s ability to pay, and no defendant shall be denied diversion because ofSEC. 16.
Section 1001.16 of the Penal Code is amended to read:1001.16.
(a) In addition to the fees authorized or required by other provisions of law, a judge may require the payment of an administrative fee, as part of an enrollment fee in a diversion program, by a defendant accused of a misdemeanor to cover the actual cost of any criminalistics laboratory analysis in a case involving a violation of the California Uniform Controlled Substances Act under Division 10 (commencing with Section 11000) of the Health and Safety Code, the actual cost of processing a request or application for diversion, and the actual cost of supervising the divertee, not to exceed three hundred dollars ($300). The fee shall be payable at the time of enrollment in the diversion program. The court shall take into consideration the defendant’s ability to pay, and no defendant shall be denied diversion because ofSEC. 17.
Section 1001.90 of the Penal Code is amended to read:1001.90.
(a) For all persons charged with a felony or misdemeanor whose case is diverted by the court pursuant to this title, the court shall impose on the defendant a diversion restitution fee in addition to any other administrative fee provided or imposed under the law. This fee shall not be imposed upon persons whose case is diverted by the court pursuant to Chapter 2.8 (commencing with Section 1001.20).SEC. 18.
Section 1001.90 is added to the Penal Code, to read:1001.90.
(a) For all persons charged with a felony or misdemeanor whose case is diverted by the court pursuant to this title, the court shall impose on the defendant a diversion restitution fee in addition to any other administrative fee provided or imposed under the law. This fee shall not be imposed upon persons whose case is diverted by the court pursuant to Chapter 2.8 (commencing with Section 1001.20).SEC. 19.
Section 1202.4 of the Penal Code is amended to read:1202.4.
(a) (1) It is the intent of the Legislature that a victim of crime who incurs an economic loss as a result of the commission of a crime shall receive restitution directly from a defendant convicted of that crime.SEC. 20.
Section 1202.4 is added to the Penal Code, to read:1202.4.
(a) (1) It is the intent of the Legislature that a victim of crime who incurs an economic loss as a result of the commission of a crime shall receive restitution directly from a defendant convicted of that crime.SEC. 21.
Section 1203.1 of the Penal Code is amended to read:1203.1.
(a) The court, or judge thereof, in the order granting probation, may suspend the imposing or the execution of the sentence and may direct that the suspension may continue for a period of time not exceeding two years, and upon those terms and conditions as it shall determine. The court, or judge thereof, in the order granting probation and as a condition thereof, may imprison the defendant in a county jail for a period not exceeding the maximum time fixed by law in the case. The following shall apply to this subdivision:SEC. 22.
Section 1203.1 is added to the Penal Code, to read:1203.1.
(a) The court, or judge thereof, in the order granting probation, may suspend the imposing or the execution of the sentence and may direct that the suspension may continue for a period of time not exceeding two years, and upon those terms and conditions as it shall determine. The court, or judge thereof, in the order granting probation and as a condition thereof, may imprison the defendant in a county jail for a period not exceeding the maximum time fixed by law in the case. The following shall apply to this subdivision:SEC. 23.
Section 1203.1ab of the Penal Code is amended to read:1203.1ab.
(a) Upon conviction of any offense involving the unlawful possession, use, sale, or other furnishing of any controlled substance, as defined in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, in addition to any or all of the terms of imprisonment, fine, and other reasonable conditions specified in or permitted by Section 1203.1, unless it makes a finding that this condition would not serve the interests of justice, the court, when recommended by the probation officer, shall require as a condition of probation that the defendant shall not use or be under the influence of any controlled substance and shall submit to drug and substance abuse testing as directed by the probation officer. If the defendant is an adult over 21 years of age and under the jurisdiction of the criminal court, is required to submit to testing, and has the financial ability to pay all or part of the costs associated with that testing, the court shall order the defendant to pay a reasonable fee, which shall not exceed the actual cost of the testing.SEC. 24.
Section 1203.1ab is added to the Penal Code, to read:1203.1ab.
(a) Upon conviction of any offense involving the unlawful possession, use, sale, or other furnishing of any controlled substance, as defined in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, in addition to any or all of the terms of imprisonment, fine, and other reasonable conditions specified in or permitted by Section 1203.1, unless it makes a finding that this condition would not serve the interests of justice, the court, when recommended by the probation officer, shall require as a condition of probation that the defendant shall not use or be under the influence of any controlled substance and shall submit to drug and substance abuse testing as directed by the probation officer.SEC. 25.
Section 1203.1c of the Penal Code is amended to read:1203.1c.
(a) In any case in which a defendant is convicted of an offense and is ordered to serve a period of confinement in a county jail, city jail, or other local detention facility as a term of probation or a conditional sentence, the court may, after a hearing, make a determination of the ability of the defendant to pay all or a portion of the reasonable costs of such incarceration, including incarceration pending disposition of the case. The reasonable cost of such incarceration shall not exceed the amount determined by the board of supervisors, with respect to the county jail, and by the city council, with respect to the city jail, to be the actual average cost thereof on a per-day basis. The court may, in its discretion, hold additional hearings during the probationary period. The court may, in its discretion before such hearing, order the defendant to file a statement setting forthSEC. 26.
Section 1203.1m of the Penal Code is amended to read:1203.1m.
(a) If a defendant is convicted of an offense and ordered to serve a period of imprisonment in the state prison, the court may, after a hearing, make a determination of the ability of the defendant to pay all or a portion of the reasonable costs of the imprisonment. The reasonable costs of imprisonment shall not exceed the amount determined by the Director of Corrections to be the actual average cost of imprisonment in the state prison on a per-day basis.SEC. 27.
Section 1203.4a of the Penal Code is amended to read:1203.4a.
(a) Every defendant convicted of a misdemeanor and not granted probation, and every defendant convicted of an infraction shall, at any time after the lapse of one year from the date of pronouncement of judgment, ifSEC. 28.
Section 1203.4a is added to the Penal Code, to read:1203.4a.
(a) Every defendant convicted of a misdemeanor and not granted probation, and every defendant convicted of an infraction shall, at any time after the lapse of one year from the date of pronouncement of judgment, if they have fully complied with and performed the sentence of the court, is not then serving a sentence for any offense and is not under charge of commission of any crime, and has, since the pronouncement of judgment, lived an honest and upright life and has conformed to and obeyed the laws of the land, be permitted by the court to withdraw their plea of guilty or nolo contendere and enter a plea of not guilty; or if they have been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and in either case the court shall thereupon dismiss the accusatory pleading against the defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense of which they have been convicted, except as provided in Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of Part 6 of this code or Section 13555 of the Vehicle Code.SEC. 28.5.
Section 1203.4a is added to the Penal Code, to read:1203.4a.
(a) Every defendant convicted of a misdemeanor and not granted probation, and every defendant convicted of an infraction shall, at any time after the lapse of one year from the date of pronouncement of judgment, if they have fully complied with and performed the sentence of the court, is not then serving a sentence for any offense and is not under charge of commission of any crime, and has, since the pronouncement of judgment, lived an honest and upright life and has conformed to and obeyed the laws of the land, be permitted by the court to withdraw their plea of guilty or nolo contendere and enter a plea of not guilty; or if they have been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and in either case the court shall thereupon dismiss the accusatory pleading against the defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense of which they have been convicted, except as provided in Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of Part 6 of this code or Section 13555 of the Vehicle Code.SEC. 29.
Section 1203.9 of the Penal Code, as added by Section 54 of Chapter 92 of the Statutes of 2020, is amended to read:1203.9.
(a) (1) Except as provided in paragraph (3), whenever a person is released on probation or mandatory supervision, the court, upon noticed motion, shall transfer the case to the superior court in any other county in which the person resides permanently with the stated intention to remain for the duration of probation or mandatory supervision, unless the transferring court determines that the transfer would be inappropriate and states its reasons on the record.SEC. 30.
Section 1203.9 is added to the Penal Code, to read:1203.9.
(a) (1) Except as provided in paragraph (3), whenever a person is released on probation or mandatory supervision, the court, upon noticed motion, shall transfer the case to the superior court in any other county in which the person resides permanently with the stated intention to remain for the duration of probation or mandatory supervision, unless the transferring court determines that the transfer would be inappropriate and states its reasons on the record.SEC. 30.5.
Section 1203.9 is added to the Penal Code, to read:1203.9.
(a) (1) Except as provided in paragraph (3), whenever a person is released on probation or mandatory supervision, the court, upon noticed motion, shall transfer the case to the superior court in any other county in which the person resides permanently with the stated intention to remain for the duration of probation or mandatory supervision, unless the transferring court determines that the transfer would be inappropriate and states its reasons on the record.SEC. 31.
Section 1205 of the Penal Code is amended to read:1205.
(a) A judgment that the defendant pay a fine, with or without other punishment, may also direct thatSEC. 32.
Section 1205 is added to the Penal Code, to read:1205.
(a) A judgment that the defendant pay a fine, with or without other punishment, may also direct that the defendant be imprisoned until the fine is satisfied and may further direct that the imprisonment begin at and continue after the expiration of any imprisonment imposed as a part of the punishment or of any other imprisonment to which the defendant may have been sentenced. The judgment shall specify the term of imprisonment for nonpayment of the fine, which shall not be more than one day for each one hundred twenty-five dollars ($125) of the base fine, nor exceed the term for which the defendant may be sentenced to imprisonment for the offense of which the defendant has been convicted. A defendant held in custody for nonpayment of a fine shall be entitled to credit on the fine for each day the defendant is held in custody, at the rate specified in the judgment. When the defendant has been convicted of a misdemeanor, a judgment that the defendant pay a fine may also direct that the defendant pay the fine within a limited time or in installments on specified dates, and that in default of payment as stipulated be imprisoned in the discretion of the court either until the defaulted installment is satisfied or until the fine is satisfied in full; but unless the direction is given in the judgment, the fine shall be payable. If an amount of the base fine is not satisfied by jail credits, or by community service, the penalties and assessments imposed on the base fine shall be reduced by the percentage of the base fine that was satisfied.SEC. 33.
Section 1214.5 of the Penal Code is amended to read:1214.5.
(a) In any case in which the defendant is ordered to pay more than fifty dollars ($50) in restitution as a condition of probation, the court may, as an additional condition of probation since the court determines that the defendant has the ability to pay, as defined in subdivision (e) of Section 1203.1b, order the defendant to pay interest at the rate of 10 percent per annum on the principal amount remaining unsatisfied.SEC. 34.
Section 1463.07 of the Penal Code is repealed.An administrative screening fee of twenty-five dollars ($25) shall be collected from each person arrested and released on his or her own recognizance upon conviction of any criminal offense related to the arrest other than an infraction. A citation processing fee in the amount of ten dollars ($10) shall be collected from each person cited and released by any peace officer in the field or at a jail facility upon conviction of any criminal offense, other than an infraction, related to the criminal offense cited in the notice to appear. However, the court may
determine a lesser fee than otherwise provided in this subdivision upon a showing that the defendant is unable to pay the full amount. All fees collected pursuant to this subdivision shall be deposited by the county auditor in the general fund of the county. This subdivision applies only to convictions occurring on or after the effective date of the act adding this subdivision.
SEC. 35.
Section 1465.9 of the Penal Code is amended to read:1465.9.
(a)(b) This section shall become operative on July 1, 2021.
SEC. 36.
Section 2085.5 of the Penal Code is amended to read:2085.5.
(a) If a prisoner owes a restitution fine imposed pursuant to subdivision (a) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (b) of Section 730.6 of the Welfare and Institutions Code, or subdivision (b) of Section 1202.4 of this code, the secretary shall deduct a minimum of 20 percent or the balance owing on the fine amount, whichever is less, up to a maximum of 50 percent from the wages and trust account deposits of a prisoner, unless prohibited by federal law, and shall transfer that amount to the California Victim Compensation Board for deposit in the Restitution Fund. The amount deducted shall be credited against the amount owing on the fine. The sentencing court shall be provided a record of the payments.SEC. 37.
Section 2085.5 is added to the Penal Code, to read:2085.5.
(a) If a prisoner owes a restitution fine imposed pursuant to subdivision (a) of Section 13967 of the Government Code, as operative prior to September 29, 1994, subdivision (b) of Section 730.6 of the Welfare and Institutions Code, or subdivision (b) of Section 1202.4 of this code, the secretary shall deduct a minimum of 20 percent or the balance owing on the fine amount, whichever is less, up to a maximum of 50 percent from the wages and trust account deposits of a prisoner, unless prohibited by federal law, and shall transfer that amount to the California Victim Compensation Board for deposit in the Restitution Fund. The amount deducted shall be credited against the amount owing on the fine. The sentencing court shall be provided a record of the payments.SEC. 38.
Section 2085.6 of the Penal Code is amended to read:2085.6.
(a) When a prisoner who owes a restitution fine, or any portion thereof, is subsequently released from the custody of the Department of Corrections and Rehabilitation or a county jail facility, and is subject to postrelease community supervision under Section 3451 or mandatory supervision under subdivision (h) of Section 1170,SEC. 39.
Section 2085.6 is added to the Penal Code, to read:2085.6.
(a) When a prisoner who owes a restitution fine, or any portion thereof, is subsequently released from the custody of the Department of Corrections and Rehabilitation or a county jail facility, and is subject to postrelease community supervision under Section 3451 or mandatory supervision under subdivision (h) of Section 1170, the prisoner shall have a continuing obligation to pay the restitution fine in full. The restitution fine obligation and any portion left unsatisfied upon placement in postrelease community supervision or mandatory supervision is enforceable and may be collected, in a manner to be established by the county board of supervisors, by the department or county agency designated by the board of supervisors in the county where the prisoner is released. If a county elects to collect restitution fines, the department or county agency designated by the county board of supervisors shall transfer the amount collected to the California Victim Compensation Board for deposit in the Restitution Fund in the State Treasury.SEC. 40.
Section 2085.7 of the Penal Code is amended to read:2085.7.
(a) When a prisoner who owes a restitution fine, or any portion thereof, is released from the custody of a county jail facility after completion of a term in custody pursuant to subparagraph (A) of paragraph (5) of subdivision (h) of Section 1170,SEC. 41.
Section 2085.7 is added to the Penal Code, to read:2085.7.
(a) When a prisoner who owes a restitution fine, or any portion thereof, is released from the custody of a county jail facility after completion of a term in custody pursuant to subparagraph (A) of paragraph (5) of subdivision (h) of Section 1170, the prisoner has a continuing obligation to pay the restitution fine in full. The balance of the restitution fine remaining unpaid after completion of a term in custody pursuant to subparagraph (A) of paragraph (5) of subdivision (h) of Section 1170 is enforceable and may be collected, in a manner to be established by the county board of supervisors, by the department or county agency designated by the board of supervisors in the county in which the prisoner is released. If a county elects to collect restitution fines, the department or county agency designated by the county board of supervisors shall transfer the amount collected to the California Victim Compensation Board for deposit in the Restitution Fund.SEC. 42.
Section 40508.5 of the Vehicle Code is amended to read:40508.5.
(a) In addition to the fees authorized or required by any other provision of law, a county may, by resolution of the board of supervisors, require the courts of that county to impose an assessment of fifteen dollars ($15) upon every person who violatesSEC. 43.
Section 40510.5 of the Vehicle Code is amended to read:40510.5.
(a) The clerk of the court may accept a payment and forfeiture of at least 10 percent of the total bail amount for each infraction violation of this code prior to the date on which the defendant promised to appear, or prior to the expiration of any lawful continuance of that date, or upon receipt of information that an action has been filed and prior to the scheduled court date, if all of the following circumstances exist:SEC. 44.
Section 40510.5 is added to the Vehicle Code, to read:40510.5.
(a) The clerk of the court may accept a payment and forfeiture of at least 10 percent of the total bail amount for each infraction violation of this code prior to the date on which the defendant promised to appear, or prior to the expiration of any lawful continuance of that date, or upon receipt of information that an action has been filed and prior to the scheduled court date, if all of the following circumstances exist:SEC. 45.
Article 3 (commencing with Section 42240) is added to Chapter 2 of Division 18 of the Vehicle Code, to read:Article 3. Uncollectible Costs
42240.
On and after January 1, 2022, the unpaid balance of any court-imposed costs pursuant to Section 40508.5 and subdivision (g) of Section 40510.5, as those sections read on December 31, 2021, shall be unenforceable and uncollectible and any portion of a judgment imposing those costs shall be vacated.SEC. 46.
The sum of twenty-five million dollars ($25,000,000) is hereby appropriated from the General Fund in the 2021–22 fiscal year to backfill revenue to counties due to local fees repealed by this act. In the 2022–23 fiscal year, and each year hereafter, the sum of fifty million dollars ($50,000,000) is hereby appropriated from the General Fund to backfill revenue to counties due to local fees repealed by this act. Funds in this section that are appropriated from the General Fund are to be allocated by the Controller according to a schedule provided by the Department of Finance. It is the intent of the Legislature to pursue legislation by March 1, 2022, to finalize the funding allocation methodology for distribution.SEC. 47.
(a) Section 28.5 of this bill incorporates amendments to Section 1203.4a of the Penal Code proposed by both this bill and Assembly Bill 1281. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first, (2) each bill amends Section 1203.4a of the Penal Code, and (3) this bill is enacted after Assembly Bill 1281, in which case Section 28 of this bill shall not become operative.SEC. 48.
This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.It is the intent of the Legislature to enact statutory changes, relating to the Budget Act of 2021.