1427. (a) When a complaint is presented to a judge in a misdemeanor
or infraction case appearing to be triable in the judge's court, the
judge must, if satisfied therefrom that the offense complained of
has been committed and that there is reasonable ground to believe
that the defendant has committed it, issue a warrant, for the arrest
of the defendant.
(b) Such warrant of arrest and proceedings upon it shall be in
conformity to the provisions of this code regarding warrants of
arrest, and it may be in the following form:
County of ____
The people of the State of California, to any peace officer in
this state:
Complaint upon oath having been this day made before me that the
offense of ____ (designating it generally) has been committed and
accusing ____ (name of defendant) thereof you are therefore commanded
forthwith to arrest the above-named defendant and bring the
defendant forthwith before the ____ Court of ____ (stating full title
of court) at ____ (naming place).
Witness my hand and the seal of said court this ____ day of ____,
19__.
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If it appears that the offense complained of has been committed by
a corporation, no warrant of arrest shall issue, but the judge must
issue a summons substantially in the form prescribed in Section 1391.
Such summons must be served at the time and in the manner designated
in Section 1392 except that if the offense complained of is a
violation of the Vehicle Code or a local ordinance adopted pursuant
to the Vehicle Code, such summons may be served by deposit by the
clerk of the court in the United States mail of an envelope enclosing
the summons, which envelope shall be addressed to a person
authorized to accept service of legal process on behalf of the
defendant, and which envelope shall be mailed by registered mail or
certified mail with a return receipt requested. Promptly upon such
mailing, the clerk of the court shall execute a certificate of such
mailing and place it in the file of the court for that case. At the
time stated in the summons the corporation may appear by counsel and
answer the complaint, except that in the case of misdemeanors arising
from operation of motor vehicles, or of infractions arising from
operation of motor vehicles, a corporation may appear by its
president, vice president, secretary or managing agent for the
purpose of entering a plea of guilty. If it does not appear, a plea
of not guilty shall be entered, and the same proceedings had therein
as in other cases.
1428. In misdemeanor and infraction cases, the clerk of the
superior court may keep a docket, instead of minutes pursuant to
Section 69844 of the Government Code and a register of actions
pursuant to Section 69845 or 69845.5 of the Government Code. In the
docket, the clerk shall enter the title of each criminal action or
proceeding and under each title all the orders and proceedings in
such action or proceeding. Wherever by any other section of this code
made applicable to such court an entry of any judgment, order or
other proceeding in the minutes or register of actions is required,
an entry thereof in the docket shall be made and shall be deemed a
sufficient entry in the minutes or register of actions for all
purposes.
1429. In a misdemeanor case the plea of the defendant may be made
by the defendant or by the defendant's counsel. If such defendant
pleads guilty, the court may, before entering such plea or
pronouncing judgment, examine witnesses to ascertain the gravity of
the offense committed; and if it appears to the court that a higher
offense has been committed than the offense charged in the complaint,
the court may order the defendant to be committed or admitted to
bail, to answer any indictment which may be found against the
defendant by the grand jury, or any complaint which may be filed
charging the defendant with such higher offense.
1445. When the defendant pleads guilty, or is convicted, either by
the court, or by a jury, the court shall render judgment thereon of
fine or imprisonment, or both, as the case may be.
1447. When the defendant is acquitted in a misdemeanor or
infraction case, if the court certifies in the minutes that the
prosecution was malicious and without probable cause, the court may
order the complainant to pay the costs of the action, or to give an
undertaking to pay the costs within 30 days after the trial.
1448. If the complainant does not pay the costs, or give an
undertaking therefor, the court may enter judgment against the
complainant for the amount of the costs, which may be enforced in the
manner provided for enforcement of money judgments generally.
1449. In a misdemeanor or infraction case, after a plea, finding,
or verdict of guilty, or after a finding or verdict against the
defendant on a plea of former conviction or acquittal, or once in
jeopardy, the court shall appoint a time for pronouncing judgment
which shall be not less than six hours, nor more than five days,
after the verdict or plea of guilty, unless the defendant waives the
postponement. The court may extend the time for not more than 10 days
for the purpose of hearing or determining any motion for a new
trial, or in arrest of judgment. The court also may extend the time
for not more than 20 judicial days if probation is considered. Upon
request of the defendant or the probation officer, that time may be
further extended for not more than 90 additional days. In case of
postponement, the court may hold the defendant to bail to appear for
judgment. If, in the opinion of the court there is a reasonable
ground for believing a defendant insane, the court may extend the
time of pronouncing judgment and may commit the defendant to custody
until the question of insanity has been heard and determined.
If the defendant is a veteran who was discharged from service for
mental disability, upon his or her request, his or her case shall be
referred to the probation officer, who shall secure a military
medical history of the defendant and present it to the court together
with a recommendation for or against probation.
1457. Upon payment of the fine, the officer must discharge the
defendant, if he is not detained for any other legal cause, and pay
over the fine to the court which rendered the judgment.
1458. The provisions of this code relative to bail are applicable
to bail in misdemeanor or infraction cases. The defendant, at any
time after arrest and before conviction, may be admitted to bail. The
undertaking of bail in such a case shall be in substantially the
following form:
A complaint having been filed on the ____ day of ____, 19__, in
the ____ Court of ____ County of ____ (stating title and location of
court) charging ____ (naming defendant) as defendant with the crime
of ____ (designating it generally) and the defendant having been
admitted to bail in the sum of ____ dollars ($____) (stating amount);
We, ____ and ____, of ____ (stating their places of residence and
occupation), hereby undertake that the above-named defendant will
appear and answer any charge in any accusatory pleading based upon
the acts supporting the complaint above mentioned and all duly
authorized amendments thereof, in whatever court it may be
prosecuted, and will at all times hold himself or herself amenable to
the orders and process of the court, and, if convicted, will appear
for pronouncement of judgment or grant of probation or if the
defendant fails to perform either of these conditions, that we will
pay to the people of the State of California the sum of ____ dollars
($____) (inserting the sum in which the defendant is admitted to
bail). If the forfeiture of this bond is ordered by the court,
judgment may be summarily made and entered forthwith against the said
____ (naming the sureties and the defendant if the defendant is a
party to the bond) for the amount of their respective undertakings
herein, as provided by Sections 1305 and 1306 of the California Penal
Code.
1459. Undertakings of bail filed by admitted surety insurers shall
meet all other requirements of law and the obligation of the insurer
shall be in the following form except to the extent a different form
is otherwise provided by statute:
____ (stating the title and the location of the court).
Defendant ____ (stating the name of the defendant) having been
admitted to bail in the sum of ____ dollars ($____) (stating the
amount of bail fixed) and ordered to appear in the above-entitled
court on ____, 19__ (stating the date for appearance in court), on
____ (stating only the word "misdemeanor" or the word "felony")
charge/s;
Now, the ____ (stating the name of admitted surety insurer and
state of incorporation) hereby undertakes that the above-named
defendant will appear in the above-named court on the date above set
forth to answer any charge in any accusatory pleading based upon the
acts supporting the complaint filed against him/her and all duly
authorized amendments thereof, in whatever court it may be
prosecuted, and will at all times hold him/herself amenable to the
orders and process of the court and, if convicted, will appear for
pronouncement of judgment or grant of probation or if he/she fails to
perform either of these conditions, that the ____ (stating the name
of admitted surety insurer and state of incorporation) will pay to
the people of the State of California the sum of ____ dollars ($____)
(stating the amount of the undertaking of the admitted surety
insurer).
If the forfeiture of this bond be ordered by the court, judgment
may be summarily made and entered forthwith against the said ____
(stating the name of admitted surety insurer and state of
incorporation) for the amount of its undertaking herein, as provided
by Sections 1305 and 1306 of the California Penal Code.
(Stating the name of admitted surety
insurer and
state of incorporation),
(Signature)
By _____________________________________
Attorney-in-
fact
(Corporate seal)
(Jurat of notary public
or
other officer authorized
to administer oaths.)
1462.2. Except as otherwise provided in the Vehicle Code, the
proper court for the trial of criminal cases amounting to misdemeanor
shall be the superior court of the county within which the offense
charged was committed.
If an action or proceeding is commenced in a court other than the
court herein designated as the proper court for the trial, the action
may, notwithstanding, be tried in the court where commenced, unless
the defendant, at the time of pleading, requests an order
transferring the action or proceeding to the proper court. If after
that request it appears that the action or proceeding was not
commenced in the proper court, the court shall order the action or
proceeding transferred to the proper court. The judge shall, at the
time of arraignment, inform the defendant of the right to be tried in
the county where the offense was committed.
1462.25. (a) A defendant formally charged with a violation of
Vehicle Code Section 14601 in one court ("the first court"), against
whom a formal charge of a violation of Vehicle Code Section 14601 is
pending in one or more other courts, may state in writing his or her
agreement to plead guilty or nolo contendere to some or all of the
charges pending in the other courts, to waive trial or hearing in the
other courts, and to consent to disposition of the case in the first
court. The defendant's agreement is ineffective unless the district
attorney for the other county approves in writing. Upon receipt of
the defendant's agreement and the district attorney's approval, the
clerk of court in the other court shall transfer the pending matter
to the first court, and transmit the papers or certified copies. The
prosecution of each transferred matter shall proceed in the first
court as part of the case pending against the defendant there, but
shall be limited to proceedings upon the defendant's plea of guilty
or nolo contendere, and sentencing or probation. If the defendant
pleads not guilty, the clerk shall retransfer the transferred case to
the court of origin, and the prosecution shall be resumed in that
court. The defendant's statement that the defendant agreed to plead
guilty or nolo contendere shall not be used against the defendant.
(b) The procedure specified in subdivision (a) may be used only if
the defendant is represented by counsel in the other courts, or the
defendant has expressly waived his or her right to counsel in the
other courts.
(c) A defendant may request appointment of counsel in the other
courts by a written request. Upon receiving the defendant's written
request, the other court shall appoint counsel to represent the
defendant if he or she otherwise qualifies for appointed counsel.
(d) The appearance of the defendant in proceedings transferred
pursuant to subdivision (a) shall not commence the running of time
limits under Section 859b, 860, 861, or 1382.
1462.5. Each installment or partial payment of a fine, penalty,
forfeiture or fee shall be prorated among the state and local shares
according to the uniform accounting system established by the State
Controller pursuant to Section 71380 of the Government Code. In cases
subject to Section 1463.18 of the Penal Code, proration shall not
occur until the minimum amounts have been transferred to the
Restitution Fund as provided in that section.
1463. All fines and forfeitures imposed and collected for crimes
shall be distributed in accordance with Section 1463.001.
The following definitions shall apply to terms used in this
chapter:
(a) "Arrest" means any law enforcement action, including issuance
of a notice to appear or notice of violation, which results in a
criminal charge.
(b) "City" includes any city, city and county, district, including
any enterprise special district, community service district, or
community service area engaged in police protection activities as
reported to the Controller for inclusion in the 1989-90 edition of
the Financial Transactions Report Concerning Special Districts under
the heading of Police Protection and Public Safety, authority, or
other local agency (other than a county) which employs persons
authorized to make arrests or to issue notices to appear or notices
of violation which may be filed in court.
(c) "City arrest" means an arrest by an employee of a city, or by
a California Highway Patrol officer within the limits of a city.
(d) "County" means the county in which the arrest took place.
(e) "County arrest" means an arrest by a California Highway Patrol
officer outside the limits of a city, or any arrest by a county
officer or by any other state officer.
(f) "Court" means the superior court or a juvenile forum
established under Section 257 of the Welfare and Institutions Code,
in which the case arising from the arrest is filed.
(g) "Division of moneys" means an allocation of base fine proceeds
between agencies as required by statute, including, but not limited
to, Sections 1463.003, 1463.9, 1463.23, and 1463.26 of this code,
Sections 13001, 13002, and 13003 of the Fish and Game Code, and
Section 11502 of the Health and Safety Code.
(h) "Offense" means any infraction, misdemeanor, or felony, and
any act by a juvenile leading to an order to pay a financial sanction
by reason of the act being defined as an infraction, misdemeanor, or
felony, whether defined in this or any other code, except any
parking offense as defined in subdivision (i).
(i) "Parking offense" means any offense charged pursuant to
Article 3 (commencing with Section 40200) of Chapter 1 of Division 17
of the Vehicle Code, including registration and equipment offenses
included on a notice of parking violation.
(j) "Penalty allocation" means the deposit of a specified part of
moneys to offset designated processing costs, as provided by Section
1463.16 of this code and by Section 68090.8 of the Government Code.
(k) "Total parking penalty" means the total sum to be collected
for a parking offense, whether as fine, forfeiture of bail, or
payment of penalty to the Department of Motor Vehicles (DMV). It may
include the following components:
(1) The base parking penalty as established pursuant to Section
40203.5 of the Vehicle Code.
(2) The DMV fees added upon the placement of a hold pursuant to
Section 40220 of the Vehicle Code.
(3) The surcharges required by Section 76000 of the Government
Code.
(4) The notice penalty added to the base parking penalty when a
notice of delinquent parking violations is given.
(l) "Total fine or forfeiture" means the total sum to be collected
upon a conviction, or the total amount of bail forfeited or
deposited as cash bail subject to forfeiture. It may include, but is
not limited to, the following components as specified for the
particular offense:
(1) The "base fine" upon which the state penalty and additional
county penalty is calculated.
(2) The "county penalty" required by Section 76000 of the
Government Code.
(3) The "DNA penalty" required by Sections 76104.6 and 76104.7 of
the Government Code.
(4) The "emergency medical services penalty" authorized by Section
76000.5 of the Government Code.
(5) The "service charge" permitted by Section 853.7 of the Penal
Code and Section 40508.5 of the Vehicle Code.
(6) The "special penalty" dedicated for blood alcohol analysis,
alcohol program services, traumatic brain injury research, and
similar purposes.
(7) The "state penalty" required by Section 1464.
1463.001. Except as otherwise provided in this section, all fines
and forfeitures imposed and collected for crimes other than parking
offenses resulting from a filing in a court shall as soon as
practicable after receipt thereof, be deposited with the county
treasurer, and each month the total fines and forfeitures which have
accumulated within the past month shall be distributed, as follows:
(a) The state penalties, county penalties, special penalties,
service charges, and penalty allocations shall be transferred to the
proper funds as required by law.
(b) The base fines shall be distributed, as follows:
(1) Any base fines which are subject to specific distribution
under any other section shall be distributed to the specified funds
of the state or local agency.
(2) Base fines resulting from county arrest not included in
paragraph (1), shall be transferred into the proper funds of the
county.
(3) Base fines resulting from city arrests not included in
paragraph (1), an amount equal to the applicable county percentages
set forth in Section 1463.002, as modified by Section 1463.28, shall
be transferred into the proper funds of the county. Until July 1,
1998, the remainder of base fines resulting from city arrests shall
be divided between each city and county, with 50 percent deposited to
the county's general fund, and 50 percent deposited to the treasury
of the appropriate city, and thereafter the remainder of base fines
resulting from city arrests shall be deposited to the treasury of the
appropriate city.
(4) In a county that had an agreement as of March 22, 1977, that
provides for city fines and forfeitures to accrue to the county in
exchange for sales tax receipts, base fines resulting from city
arrests not included in paragraph (1) shall be deposited into the
proper funds of the county.
(c) Each county shall keep a record of its deposits to its
treasury and its transmittal to each city treasury pursuant to this
section.
(d) The distribution specified in subdivision (b) applies to all
funds subject thereto distributed on or after July 1, 1992,
regardless of whether the court has elected to allocate and
distribute funds pursuant to Section 1464.8.
(e) Any amounts remitted to the county from amounts collected by
the Franchise Tax Board upon referral by a county pursuant to Article
6 (commencing with Section 19280) of Chapter 5 of Part 10.2 of
Division 2 of the Revenue and Taxation Code shall be allocated
pursuant to this section.
1463.002. The base fine amounts from city arrests shall be subject
to distribution according to the following schedule:
County and city Percentage
Alameda
Alameda............................... 18
Albany................................ 29
Berkeley.............................. 19
Emeryville............................ 13
Hayward............................... 10
Livermore............................. 7
Oakland............................... 22
Piedmont.............................. 44
Pleasanton............................ 17
San Leandro........................... 9
County percentage..................... 21
Amador
Amador................................ 25
Ione.................................. 25
Jackson............................... 25
Plymouth.............................. 25
Sutter Creek.......................... 25
County percentage..................... 29
Butte
Biggs................................. 75
Chico................................. 22
Gridley............................... 49
Oroville.............................. 9
County percentage..................... 20
Calaveras
Angels................................ 62
County percentage..................... 62
Colusa
Colusa................................ 13
Williams.............................. 17
County percentage..................... 16
Contra Costa
Antioch............................... 11
Brentwood............................. 24
Concord............................... 18
El Cerrito............................ 19
Hercules.............................. 14
Martinez.............................. 22
Pinole................................ 22
Pittsburg............................. 5
Richmond.............................. 14
San Pablo............................. 12
Walnut Creek.......................... 24
County percentage..................... 14
Del Norte
Crescent City......................... 19
County percentage..................... 19
El Dorado
Placerville........................... 14
County percentage..................... 14
Fresno
Clovis................................ 23
Coalinga.............................. 21
Firebaugh............................. 16
Fowler................................ 34
Fresno................................ 26
Huron................................. 24
Kerman................................ 14
Kingsburg............................. 34
Mendota............................... 11
Orange Cove........................... 24
Parlier............................... 21
Reedley............................... 30
Sanger................................ 29
San Joaquin........................... 15
Selma................................. 14
County percentage..................... 24
Glenn
Orland................................ 27
Willows............................... 36
County percentage..................... 32
Humboldt
Arcata................................ 9
Blue Lake............................. 26
Eureka................................ 11
Ferndale.............................. 30
Fortuna............................... 17
Trinidad.............................. 11
County percentage..................... 11
Imperial
Brawley............................... 8
Calexico.............................. 10
Calipatria............................ 30
El Centro............................. 5
Holtville............................. 16
Imperial.............................. 6
Westmorland........................... 12
County percentage..................... 8
Inyo
Bishop................................ 25
County percentage..................... 25
Kern
Bakersfield........................... 10
Delano................................ 13
Maricopa.............................. 36
Shafter............................... 15
Taft.................................. 19
Tehachapi............................. 12
Wasco................................. 28
County percentage..................... 12
Kings
Corcoran.............................. 31
Hanford............................... 21
Lemoore............................... 25
County percentage..................... 25
Lake
Lakeport.............................. 33
County percentage..................... 33
Lassen
Susanville............................ 21
County percentage..................... 21
Los Angeles
Alhambra.............................. 13
Arcadia............................... 11
Avalon................................ 54
Azusa................................. 11
Bell.................................. 11
Beverly Hills......................... 14
Burbank............................... 14
Claremont............................. 5
Compton............................... 16
Covina................................ 11
Culver City........................... 10
El Monte.............................. 11
El Segundo............................ 11
Gardena............................... 22
Glendale.............................. 16
Glendora.............................. 12
Hawthorne............................. 7
Hermosa Beach......................... 14
Huntington Park....................... 12
Inglewood............................. 16
La Verne.............................. 14
Long Beach............................ 14
Los Angeles........................... 8
Lynwood............................... 9
Manhattan Beach....................... 13
Maywood............................... 15
Monrovia.............................. 11
Montebello............................ 11
Monterey Park......................... 11
Palos Verdes Estates.................. 10
Pasadena.............................. 9
Pomona................................ 12
Redondo Beach......................... 15
San Fernando.......................... 17
San Gabriel........................... 16
San Marino............................ 5
Santa Monica.......................... 11
Sierra Madre.......................... 11
Signal Hill........................... 24
South Gate............................ 13
South Pasadena........................ 9
Torrance.............................. 16
Vernon................................ 25
West Covina........................... 11
Whittier.............................. 11
County percentage..................... 11
Madera
Chowchilla............................ 17
Madera................................ 16
County percentage..................... 17
Marin
Belvedere............................. 16
Corte Madera.......................... 12
Fairfax............................... 30
Larkspur.............................. 30
Mill Valley........................... 13
Ross.................................. 18
San Anselmo........................... 11
San Rafael............................ 13
Sausalito............................. 21
County percentage..................... 16
Mendocino
Fort Bragg............................ 19
Point Arena........................... 40
Ukiah................................. 10
Willits............................... 24
County percentage..................... 17
Merced
Atwater............................... 23
Dos Palos............................. 21
Gustine............................... 23
Livingston............................ 14
Los Banos............................. 13
Merced................................ 18
County percentage..................... 18
Modoc
Alturas............................... 42
County percentage..................... 42
Monterey
Carmel................................ 17
Gonzales.............................. 10
Greenfield............................ 13
King City............................. 36
Monterey.............................. 13
Pacific Grove......................... 22
Salinas............................... 36
Soledad............................... 16
County percentage..................... 23
Napa
Calistoga............................. 37
Napa.................................. 11
St. Helena............................ 12
County percentage..................... 14
Nevada
Grass Valley.......................... 7
Nevada City........................... 17
County percentage..................... 9
Orange
County percentage..................... 15
Placer
Auburn................................ 18
Colfax................................ 8
Lincoln............................... 26
Rocklin............................... 16
Roseville............................. 10
County percentage..................... 14
Plumas
Portola............................... 19
County percentage..................... 19
Riverside
Banning............................... 35
Beaumont.............................. 15
Blythe................................ 9
Coachella............................. 12
Corona................................ 12
Elsinore.............................. 10
Hemet................................. 35
Indio................................. 16
Palm Springs.......................... 35
Perris................................ 14
Riverside............................. 16
San Jacinto........................... 41
County percentage..................... 35
Sacramento
Folsom................................ 31
Galt.................................. 25
Isleton............................... 13
North Sacramento...................... 10
Sacramento............................ 21
County percentage..................... 26
San Benito
Hollister............................. 9
San Juan Bautista..................... 28
County percentage..................... 11
San Bernardino
Barstow............................... 23
Chino................................. 14
Colton................................ 21
Fontana............................... 15
Needles............................... 33
Ontario............................... 20
Redlands.............................. 28
Rialto................................ 15
San Bernardino........................ 20
Upland................................ 14
County percentage..................... 20
San Diego
Carlsbad.............................. 8
Chula Vista........................... 23
Coronado.............................. 25
Del Mar............................... 8
El Cajon.............................. 17
Escondido............................. 16
Imperial Beach........................ 8
La Mesa............................... 23
Lemon Grove........................... 8
National City......................... 14
Oceanside............................. 15
San Marcos............................ 8
Vista................................. 8
San Diego............................. 6
County percentage..................... 25
San Joaquin
Lodi.................................. 18
Manteca............................... 8
Ripon................................. 11
Stockton.............................. 14
Tracy................................. 15
County percentage..................... 14
San Luis Obispo
Arroyo Grande......................... 9
Paso Robles........................... 26
Pismo Beach........................... 8
San Luis Obispo....................... 21
County percentage..................... 16
San Mateo
Atherton.............................. 27
Belmont............................... 7
Burlingame............................ 38
Colma................................. 40
Daly City............................. 24
Hillsborough.......................... 75
Menlo Park............................ 12
Millbrae.............................. 16
Redwood City.......................... 27
San Bruno............................. 13
San Carlos............................ 8
San Mateo............................. 42
South San Francisco................... 12
County percentage..................... 21
Santa Barbara
Guadalupe............................. 28
Lompoc................................ 16
Santa Barbara......................... 11
Santa Maria........................... 12
County percentage..................... 13
Santa Clara
Alviso................................ 75
Campbell.............................. 16
Gilroy................................ 28
Los Altos............................. 16
Los Gatos............................. 30
Morgan Hill........................... 11
Mountain View......................... 13
Palo Alto............................. 21
San Jose.............................. 13
Santa Clara........................... 16
Sunnyvale............................. 26
County percentage..................... 16
Santa Cruz
Capitola.............................. 21
Santa Cruz............................ 23
Watsonville........................... 21
County percentage..................... 22
Shasta
Redding............................... 22
County percentage..................... 22
Sierra
Loyalton.............................. 75
County percentage..................... 75
Siskiyou
Dorris................................ 18
Dunsmuir.............................. 29
Etna.................................. 18
Fort Jones............................ 46
Montague.............................. 75
Mount Shasta.......................... 37
Tulelake.............................. 33
Yreka................................. 30
County percentage..................... 29
Solano
Benicia............................... 17
Dixon................................. 18
Fairfield............................. 18
Rio Vista............................. 19
Suisun................................ 7
Vacaville............................. 15
Vallejo............................... 18
County percentage..................... 19
Sonoma
Cloverdale............................ 40
Cotati................................ 40
Healdsburg............................ 40
Petaluma.............................. 24
Rohnert Park.......................... 40
Santa Rosa............................ 40
Sebastopol............................ 40
Sonoma................................ 40
County percentage..................... 40
Stanislaus
Ceres................................. 14
Modesto............................... 15
Newman................................ 10
Oakdale............................... 15
Patterson............................. 20
Riverbank............................. 18
Turlock............................... 19
County percentage..................... 15
Sutter
Live Oak.............................. 17
Yuba City............................. 17
County percentage..................... 17
Tehama
Corning............................... 26
Red Bluff............................. 39
Tehama................................ 10
County percentage..................... 31
Tulare
Dinuba................................ 21
Exeter................................ 23
Lindsay............................... 24
Porterville........................... 26
Tulare................................ 20
Visalia............................... 17
Woodlake.............................. 15
County percentage..................... 21
Tuolumne
Sonora................................ 23
County percentage..................... 23
Ventura
Fillmore.............................. 16
Ojai.................................. 16
Oxnard................................ 16
Port Hueneme.......................... 16
Santa Paula........................... 16
Ventura............................... 16
County percentage..................... 16
Yolo
Davis................................. 22
Winters............................... 19
Woodland.............................. 20
County percentage..................... 20
Yuba
Marysville............................ 15
Wheatland............................. 38
County percentage..................... 15
With respect to any city arrest from a city which is not set forth
in the above schedule, the county percentage shall apply. A county
and city therein may, by mutual agreement, adjust these percentages.
Where a county and a city have, prior to June 1, 1991, entered into
an agreement to adjust the percentage specified in this section, or
where a county and a city have entered into an agreement governing
the distribution of revenue from parking penalties, those agreements
shall remain in full force and effect until changed by mutual
agreement.
1463.004. (a) If a sentencing judge specifies only the total fine
or forfeiture, or if an automated case-processing system requires it,
percentage calculations may be employed to establish the components
of total fines or forfeitures, provided that the aggregate monthly
distributions resulting from the calculations are the same as would
be produced by strict observance of the statutory distributions.
(b) If a fund would receive less than one hundred dollars ($100)
in monthly distributions of total fines and forfeitures by a
particular court for at least 11 months of each year, the court may
omit that fund from the system for calculating distributions, and
shall instead apply the distribution provided for by Section
1463.001.
1463.005. Notwithstanding Section 1463.001, in a county subject to
Section 77202.5 of the Government Code, of base fines resulting from
arrests not subject to allocation under paragraph (1) of subdivision
(b) of Section 1463.001, by a California Highway Patrol Officer on
state highways constructed as freeways within the city whereon city
police officers enforced the provisions of the Vehicle Code on April
1, 1965, 25 percent shall be deposited in the treasury of the
appropriate city, 75 percent shall be deposited in the proper funds
of the county.
1463.006. Any money deposited with the court or with the clerk
thereof which, by order of the court or for any other reason, should
be returned, in whole or in part, to any person, or which is by law
payable to the state or to any other public agency, shall be paid to
that person or to the state or to the other public agency by warrant
of the county auditor, which shall be drawn upon the requisition of
the clerk of the court.
All money deposited as bail which has not been claimed within one
year after the final disposition of the case in which the money was
deposited, or within one year after an order made by the court for
the return or delivery of the money to any person, shall be
apportioned between the city and the county and paid or transferred
in the manner provided by statute for the apportionment and payment
of fines and forfeitures. This paragraph controls over any
conflicting provisions of law.
1463.007. Notwithstanding any other provision of law, any county or
court that implements or has implemented a comprehensive program to
identify and collect delinquent fees, fines, forfeitures, penalties,
and assessments, including, but not limited to, public defender fees,
with or without a warrant having been issued against the alleged
violator, if the base fees, fines, forfeitures, penalties, and
assessments are delinquent, may deduct and deposit in the county
treasury or in the trial court operations fund the cost of operating
that program, excluding capital expenditures, from any revenues
collected thereby prior to making any distribution of revenues to
other governmental entities required by any other provision of law.
Any county or court may establish a minimum base fee, fine,
forfeiture, penalty, or assessment amount for inclusion in the
program. This section applies to costs incurred by a court or a
county on or after June 30, 1997, and prior to the implementation of
a time payments agreement, and shall supersede any prior law to the
contrary. This section does not apply to a defendant who is paying
fees, fines, forfeitures, penalties, or assessments through time
payments, unless he or she is delinquent in making payments according
to the agreed-upon payment schedule. For purposes of this section, a
comprehensive collection program is a separate and distinct revenue
collection activity and shall include at least 10 of the following
components:
(a) Monthly bill or account statements to all debtors.
(b) Telephone contact with delinquent debtors to apprise them of
their failure to meet payment obligations.
(c) Issuance of warning letters to advise delinquent debtors of an
outstanding obligation.
(d) Requests for credit reports to assist in locating delinquent
debtors.
(e) Access to Employment Development Department employment and
wage information.
(f) The generation of monthly delinquent reports.
(g) Participation in the Franchise Tax Board's Interagency
Intercept Collections Program.
(h) The use of Department of Motor Vehicle information to locate
delinquent debtors.
(i) The use of wage and bank account garnishments.
(j) The imposition of liens on real property and proceeds from the
sale of real property held by a title company.
(k) The filing of a claim or the filing of objections to the
inclusion of outstanding fines and forfeitures in bankruptcy
proceedings.
(l) Coordination with the probation department to locate debtors
who may be on formal or informal probation.
(m) The initiation of driver's license suspension actions where
appropriate.
(n) The capability to accept credit card payments.
(o) Participation in the Franchise Tax Board's Court-Ordered Debt
Collections Program.
(p) Contracting with one or more private debt collectors.
(q) The use of local, regional, state, or national skip tracing or
locator resources or services to locate delinquent debtors.
(r) This section shall become inoperative on July 1, 2012, and, as
of January 1, 2013, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2013, deletes or
extends the dates on which it becomes inoperative and is repealed.
1463.007. (a) Notwithstanding any other provision of law, any
county or court that operates a comprehensive collection program may
deduct the costs of operating that program, excluding capital
expenditures, from any revenues collected under that program. The
costs shall be deducted before any distribution of revenues to other
governmental entities required by any other provision of law. Any
county or court operating a comprehensive collection program may
establish a minimum base fee, fine, forfeiture, penalty, or
assessment amount for inclusion in the program.
(b) Once debt becomes delinquent, it continues to be delinquent
and may be subject to collection by a comprehensive collection
program. Debt is delinquent and subject to collection by a
comprehensive collection program if any of the following conditions
is met:
(1) A defendant does not post bail or appear on or before the date
on which he or she promised to appear, or any lawful continuance of
that date, if that defendant was eligible to post and forfeit bail.
(2) A defendant does not pay the amount imposed by the court on or
before the date ordered by the court, or any lawful continuance of
that date.
(3) A defendant has failed to make an installment payment on the
date specified by the court.
(c) For the purposes of this section, a "comprehensive collection
program" is a separate and distinct revenue collection activity that
meets each of the following criteria:
(1) The program identifies and collects amounts arising from
delinquent court-ordered debt, whether or not a warrant has been
issued against the alleged violator.
(2) The program complies with the requirements of subdivision (b)
of Section 1463.010.
(3) The program engages in each of the following activities:
(A) Attempts telephone contact with delinquent debtors for whom
the program has a phone number to inform them of their delinquent
status and payment options.
(B) Notifies delinquent debtors for whom the program has an
address in writing of their outstanding obligation within 95 days of
delinquency.
(C) Generates internal monthly reports to track collections data,
such as age of debt and delinquent amounts outstanding.
(D) Uses Department of Motor Vehicles information to locate
delinquent debtors.
(E) Accepts payment of delinquent debt by credit card.
(4) The program engages in at least five of the following
activities:
(A) Sends delinquent debt to the Franchise Tax Board's
Court-Ordered Debt Collections Program.
(B) Sends delinquent debt to the Franchise Tax Board's Interagency
Intercept Collections Program.
(C) Initiates driver's license suspension or hold actions when
appropriate.
(D) Contracts with one or more private debt collectors to collect
delinquent debt.
(E) Sends monthly bills or account statements to all delinquent
debtors.
(F) Contracts with local, regional, state, or national skip
tracing or locator resources or services to locate delinquent
debtors.
(G) Coordinates with the probation department to locate debtors
who may be on formal or informal probation.
(H) Uses Employment Development Department employment and wage
information to collect delinquent debt.
(I) Establishes wage and bank account garnishments where
appropriate.
(J) Places liens on real property owned by delinquent debtors when
appropriate.
(K) Uses an automated dialer or automatic call distribution system
to manage telephone calls.
(d) This section shall become operative on July 1, 2012.
1463.009. Notwithstanding Section 1463, all bail forfeitures that
are collected from any source in a case in which a defendant is
charged and convicted of a violation of Section 261, 264.1, 286, 288,
288a, 288.5, or 289, or of a violent felony as defined in
subdivision (c) of Section 667.5 or a serious felony as defined in
subdivision (c) of Section 1192.7, and that are required to be
deposited with the county treasurer shall be allocated according to
the following priority:
(a) The county shall be reimbursed for reasonable administrative
costs for the collection of the forfeited property, the maintenance
and preservation of the property, and the distribution of the
property pursuant to this section.
(b) Out of the remainder of the forfeited bail money, a total of
up to 50 percent shall be distributed in the amount necessary to
satisfy any civil court judgment in favor of a victim as a result of
the offense or a restitution order due to a criminal conviction to a
victim who was under 18 years of age at the time of the commission of
the offense if the defendant is convicted under Section 261, 264.1,
286, 288, 288a, 288.5, or 289, and to a victim of any age if the
defendant has been convicted of a violent felony as defined in
subdivision (c) of Section 667.5 or a serious felony as defined in
subdivision (c) of Section 1192.7.
(c) The balance of the amount collected shall be deposited
pursuant to Section 1463.
1463.010. The uniform imposition and enforcement of court-ordered
debts are recognized as an important element of California's judicial
system. Prompt, efficient, and effective imposition and collection
of court-ordered fees, fines, forfeitures, penalties, restitution,
and assessments ensure the appropriate respect for court orders. The
California State Association of Counties and the Administrative
Office of the Courts are jointly committed to identifying, improving,
and seeking to expand access to mechanisms and tools that will
enhance efforts to collect court-ordered debt. To provide for this
prompt, efficient, and effective collection:
(a) The Judicial Council shall adopt guidelines for a
comprehensive program concerning the collection of moneys owed for
fees, fines, forfeitures, penalties, and assessments imposed by court
order. As part of its guidelines, the Judicial Council may establish
standard agreements for entities to provide collection services. As
part of its guidelines, the Judicial Council shall include provisions
that promote competition by and between entities in providing
collection services to courts and counties. The Judicial Council may
delegate to the Administrative Director of the Courts the
implementation of the aspects of this program to be carried out at
the state level.
(b) The courts and counties shall maintain the collection program
that was in place on January 1, 1996, unless otherwise agreed to in
writing by the court and county. The program may wholly or partially
be staffed and operated within the court itself, may be wholly or
partially staffed and operated by the county, or may be wholly or
partially contracted with a third party. In carrying out this
collection program, each superior court and county shall develop a
cooperative plan to implement the Judicial Council guidelines. In the
event that a court and a county are unwilling or unable to enter
into a cooperative plan pursuant to this section, prior to the
arbitration procedures required by subdivision (e) of Section 1214.1,
the court or the county may request the continuation of negotiations
with mediation assistance as mutually agreed upon and provided by
the Administrative Director of the Courts and the California State
Association of Counties.
(c) The Judicial Council shall develop performance measures and
benchmarks to review the effectiveness of the cooperative superior
court and county collection programs operating pursuant to this
section. Each superior court and county shall jointly report to the
Judicial Council, as provided by the Judicial Council, information
requested in a reporting template on or before September 1, 2009, and
annually thereafter. The Judicial Council shall report to the
Legislature on December 31, 2009, and annually thereafter, on all of
the following:
(1) The extent to which each court or county is following best
practices for its collection program.
(2) The performance of each collection program.
(3) Any changes necessary to improve performance of collection
programs statewide.
(d) The Judicial Council may, when the efficiency and
effectiveness of the collection process may be improved, facilitate a
joint collection program between superior courts, between counties,
or between superior courts and counties.
(e) The Judicial Council may establish, by court rule, a program
providing for the suspension and nonrenewal of a business and
professional license if the holder of the license has unpaid fees,
fines, forfeitures, penalties, and assessments imposed upon them
under a court order. The Judicial Council may provide that some or
all of the superior courts or counties participate in the program.
Any program established by the Judicial Council shall ensure that the
licensee receives adequate and appropriate notice of the proposed
suspension or nonrenewal of his or her license and has an opportunity
to contest the suspension or nonrenewal. The opportunity to contest
may not require a court hearing.
(f) Notwithstanding any other provision of law, the Judicial
Council, after consultation with the Franchise Tax Board with respect
to collections under Section 19280 of the Revenue and Taxation Code,
may provide for an amnesty program involving the collection of
outstanding fees, fines, forfeitures, penalties, and assessments,
applicable either statewide or within one or more counties. The
amnesty program shall provide that some or all of the interest or
collections costs imposed on outstanding fees, fines, forfeitures,
penalties, and assessments may be waived if the remaining amounts due
are paid within the amnesty period.
1463.02. (a) On or before June 30, 2011, the Judicial Council shall
establish a task force to evaluate criminal and traffic-related
court-ordered debts imposed against adult and juvenile offenders. The
task force shall be comprised of the following members:
(1) Two members appointed by the California State Association of
Counties.
(2) Two members appointed by the League of California Cities.
(3) Two court executives, two judges, and two Administrative
Office of the Courts employees appointed by the Judicial Council.
(4) One member appointed by the Controller.
(5) One member appointed by the Franchise Tax Board.
(6) One member appointed by the California Victim Compensation and
Government Claims Board.
(7) One member appointed by the Department of Corrections and
Rehabilitation.
(8) One member appointed by the Department of Finance.
(9) One member appointed by each house of the Legislature.
(10) A county public defender and a city attorney appointed by the
Speaker of the Assembly.
(11) A defense attorney in private practice and a district
attorney appointed by the Senate Committee on Rules.
(b) The Judicial Council shall designate a chairperson for the
task force. The task force shall, among other duties, do all of the
following:
(1) Identify all criminal and traffic-related court-ordered fees,
fines, forfeitures, penalties, and assessments imposed under law.
(2) Identify the distribution of revenue derived from those debts
and the expenditures made by those entities that benefit from the
revenues.
(3) Consult with state and local entities that would be affected
by a simplification and consolidation of criminal and traffic-related
court-ordered debts.
(4) Evaluate and make recommendations to the Judicial Council and
the Legislature for consolidating and simplifying the imposition of
criminal and traffic-related court-ordered debts and the distribution
of the revenue derived from those debts with the goal of improving
the process for those entities that benefit from the revenues, and
recommendations, if any, for adjustment to the court-ordered debts.
(c) The task force also shall document recent annual revenues from
the various penalty assessments and surcharges and, to the extent
feasible, evaluate the extent to which the amount of each penalty
assessment and surcharge impacts total annual revenues, imposition of
criminal sentences, and the actual amounts assessed.
(d) The task force also shall evaluate and make recommendations to
the Judicial Council and the Legislature on or before June 30, 2011,
regarding the priority in which court-ordered debts should be
satisfied and the use of comprehensive collection programs authorized
pursuant to Section 1463.007, including associated cost-recovery
practices.
1463.04. Notwithstanding Section 1463, out of the moneys deposited
with the county treasurer pursuant to Section 1463, there shall be
transferred once a month into the State Treasury to the credit of the
Winter Recreation Fund an amount equal to 50 percent of all fines
and forfeitures collected during the preceding month upon conviction
or upon the forfeiture of bail from any person of any violation of
Section 5091.15 of the Public Resources Code, and an amount equal to
the remaining 50 percent shall be transferred to the county general
fund and deposited in a special account which shall be used
exclusively to pay for the cost of furthering the purposes of the
California SNO-PARK Permit Program, including, but not limited to,
the snow removal, maintenance, and development of designated parking
areas.
1463.07. 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.
1463.1. Notwithstanding any other provisions of law except Section
77009 of the Government Code, any trial court may elect, with prior
approval of the Administrative Director of the Courts, to deposit in
a bank account pursuant to Section 53679 of the Government Code, all
moneys deposited as bail with the court, or with the clerk thereof.
All moneys received and disbursed through the bank account shall
be properly and uniformly accounted for under any procedures the
Controller may deem necessary. The Judicial Council may regulate the
bank accounts, provided that its regulations are not inconsistent
with those of the Controller.
1463.5. The distribution of funds required pursuant to Section
1463, and the distribution of assessments imposed and collected under
Section 1464 and Section 42006 of the Vehicle Code, may be
determined and made upon the basis of probability sampling. The
sampling shall be procedural in nature and shall not substantively
modify the distributions required pursuant to Sections 1463 and 1464
and Section 42006 of the Vehicle Code. The procedure for the sampling
shall be prescribed by the county auditor and the procedure and its
implementation shall be approved by the board of supervisors and a
majority of the cities within a county. The reasonableness of the
distribution shall be verified during the audit performed pursuant to
Section 71383 of the Government Code.
1463.7. Funds transferred to the Regents of the University of
California pursuant to Section 1462.3 may not be utilized to purchase
land or to construct any parking facility. These funds shall be
utilized for the development, enhancement, and operation of alternate
methods of transportation of students and employees of the
University of California and for the mitigation of the impact of
off-campus student and employee parking in university communities.
1463.9. Notwithstanding the provisions of Section 1463, 50 percent
of all fines and forfeitures collected upon conviction, or upon
forfeiture of bail, for violations of Section 13002 of the Health and
Safety Code, Sections 23111 and 23112, and subdivision (a) of
Section 23113 of the Vehicle Code, and Section 374.3 of this code
shall be kept separate and apart from any other fines and
forfeitures. These fines and forfeitures shall, as soon as
practicable after their receipt, be deposited with the county
treasurer of the county in which the court is situated and shall be
distributed as prescribed in Section 1463, except that the money
distributed to any county or city shall be expended only for litter
cleanup activities within that city or county.
1463.10. Notwithstanding Section 1463, fines and forfeitures which
are collected for a conviction of a violation of Section 11366.7 of
the Health and Safety Code and which are required to be deposited
with the county treasurer pursuant to Section 1463 shall be allocated
as follows:
(a) To reimburse any local agency for the reasonable costs of the
removal and disposal, or storage, of any chemical or drug, or any
laboratory apparatus or device, sold by a person convicted under
Section 11366.7 of the Health and Safety Code.
(b) The balance of the amount collected, if any, shall be
deposited by the county treasurer pursuant to Section 1463.
1463.11. Notwithstanding Sections 1463 and 1464 of this code and
Section 76000 of the Government Code, moneys that are collected for a
violation of subdivision (a) or (c) of Section 21453 of, subdivision
(c) of Section 21454 of, or subdivision (a) of Section 21457 of, the
Vehicle Code, and which are required to be deposited with the county
treasurer pursuant to Section 1463 of this code shall be allocated
as follows:
(a) The first 30 percent of the amount collected shall be
allocated to the general fund of the city or county in which the
offense occurred.
(b) The balance of the amount collected shall be deposited by the
county treasurer under Sections 1463 and 1464.
1463.12. Notwithstanding Sections 1463 and 1464 of this code and
Section 76000 of the Government Code, moneys that are collected for a
violation of subdivision (c) of Section 21752 or Section 22450 of
the Vehicle Code, involving railroad grade crossings, or Section
22451, 22452, or subdivision (c) of Section 22526 of the Vehicle
Code, and that are required to be deposited with the county treasurer
pursuant to Section 1463 of this code shall be allocated as follows:
(a) If the offense occurred in an area where a transit district or
transportation commission or authority established under Division 12
(commencing with Section 130000) of the Public Utilities Code
provides rail transportation, the first 30 percent of the amount
collected shall be allocated to the general fund of that transit
district or transportation commission or authority to be used only
for public safety and public education purposes relating to railroad
grade crossings.
(b) If there is no transit district or transportation commission
or authority providing rail transportation in the area where the
offense occurred, the first 30 percent of the amount collected shall
be allocated to the general fund of the county in which the offense
occurred, to be used only for public safety and public education
purposes relating to railroad grade crossings.
(c) The balance of the amount collected shall be deposited by the
county treasurer under Section 1463.
(d) A transit district, transportation commission or authority, or
a county that is allocated funds pursuant to subdivision (a) or (b)
shall provide public safety and public education relating to railroad
grade crossings only to the extent that those purposes are funded by
the allocations provided pursuant to subdivision (a) or (b).
1463.13. (a) Each county may develop, implement, operate, and
administer an alcohol and drug problem assessment program for persons
convicted of a crime in which the court finds that alcohol or
substance abuse was substantially involved in the commission of the
crime. This program may be operated in coordination with the program
developed under Article 6 (commencing with Section 23645) of Chapter
4 of Division 11.5 of the Vehicle Code.
(1) A portion of any program established pursuant to this section
shall include a face-to-face interview with each program participant.
(2) No person convicted of driving under the influence of alcohol
or a controlled substance or a related offense shall participate in
any program established pursuant to this section.
(b) An alcohol and drug problem assessment report shall be made on
each person who participates in the program. The report may be used
to determine the appropriate sentence for the person. The report
shall be submitted to the court within 14 days of the completion of
the assessment.
(c) In any county in which the county operates an alcohol and drug
problem assessment program under this section, a court may order any
person convicted of a crime that inv
1427. (a) When a complaint is presented to a judge in a misdemeanor
or infraction case appearing to be triable in the judge's court, the
judge must, if satisfied therefrom that the offense complained of
has been committed and that there is reasonable ground to believe
that the defendant has committed it, issue a warrant, for the arrest
of the defendant.
(b) Such warrant of arrest and proceedings upon it shall be in
conformity to the provisions of this code regarding warrants of
arrest, and it may be in the following form:
County of ____
The people of the State of California, to any peace officer in
this state:
Complaint upon oath having been this day made before me that the
offense of ____ (designating it generally) has been committed and
accusing ____ (name of defendant) thereof you are therefore commanded
forthwith to arrest the above-named defendant and bring the
defendant forthwith before the ____ Court of ____ (stating full title
of court) at ____ (naming place).
Witness my hand and the seal of said court this ____ day of ____,
19__.
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If it appears that the offense complained of has been committed by
a corporation, no warrant of arrest shall issue, but the judge must
issue a summons substantially in the form prescribed in Section 1391.
Such summons must be served at the time and in the manner designated
in Section 1392 except that if the offense complained of is a
violation of the Vehicle Code or a local ordinance adopted pursuant
to the Vehicle Code, such summons may be served by deposit by the
clerk of the court in the United States mail of an envelope enclosing
the summons, which envelope shall be addressed to a person
authorized to accept service of legal process on behalf of the
defendant, and which envelope shall be mailed by registered mail or
certified mail with a return receipt requested. Promptly upon such
mailing, the clerk of the court shall execute a certificate of such
mailing and place it in the file of the court for that case. At the
time stated in the summons the corporation may appear by counsel and
answer the complaint, except that in the case of misdemeanors arising
from operation of motor vehicles, or of infractions arising from
operation of motor vehicles, a corporation may appear by its
president, vice president, secretary or managing agent for the
purpose of entering a plea of guilty. If it does not appear, a plea
of not guilty shall be entered, and the same proceedings had therein
as in other cases.
1428. In misdemeanor and infraction cases, the clerk of the
superior court may keep a docket, instead of minutes pursuant to
Section 69844 of the Government Code and a register of actions
pursuant to Section 69845 or 69845.5 of the Government Code. In the
docket, the clerk shall enter the title of each criminal action or
proceeding and under each title all the orders and proceedings in
such action or proceeding. Wherever by any other section of this code
made applicable to such court an entry of any judgment, order or
other proceeding in the minutes or register of actions is required,
an entry thereof in the docket shall be made and shall be deemed a
sufficient entry in the minutes or register of actions for all
purposes.
1429. In a misdemeanor case the plea of the defendant may be made
by the defendant or by the defendant's counsel. If such defendant
pleads guilty, the court may, before entering such plea or
pronouncing judgment, examine witnesses to ascertain the gravity of
the offense committed; and if it appears to the court that a higher
offense has been committed than the offense charged in the complaint,
the court may order the defendant to be committed or admitted to
bail, to answer any indictment which may be found against the
defendant by the grand jury, or any complaint which may be filed
charging the defendant with such higher offense.
1445. When the defendant pleads guilty, or is convicted, either by
the court, or by a jury, the court shall render judgment thereon of
fine or imprisonment, or both, as the case may be.
1447. When the defendant is acquitted in a misdemeanor or
infraction case, if the court certifies in the minutes that the
prosecution was malicious and without probable cause, the court may
order the complainant to pay the costs of the action, or to give an
undertaking to pay the costs within 30 days after the trial.
1448. If the complainant does not pay the costs, or give an
undertaking therefor, the court may enter judgment against the
complainant for the amount of the costs, which may be enforced in the
manner provided for enforcement of money judgments generally.
1449. In a misdemeanor or infraction case, after a plea, finding,
or verdict of guilty, or after a finding or verdict against the
defendant on a plea of former conviction or acquittal, or once in
jeopardy, the court shall appoint a time for pronouncing judgment
which shall be not less than six hours, nor more than five days,
after the verdict or plea of guilty, unless the defendant waives the
postponement. The court may extend the time for not more than 10 days
for the purpose of hearing or determining any motion for a new
trial, or in arrest of judgment. The court also may extend the time
for not more than 20 judicial days if probation is considered. Upon
request of the defendant or the probation officer, that time may be
further extended for not more than 90 additional days. In case of
postponement, the court may hold the defendant to bail to appear for
judgment. If, in the opinion of the court there is a reasonable
ground for believing a defendant insane, the court may extend the
time of pronouncing judgment and may commit the defendant to custody
until the question of insanity has been heard and determined.
If the defendant is a veteran who was discharged from service for
mental disability, upon his or her request, his or her case shall be
referred to the probation officer, who shall secure a military
medical history of the defendant and present it to the court together
with a recommendation for or against probation.
1457. Upon payment of the fine, the officer must discharge the
defendant, if he is not detained for any other legal cause, and pay
over the fine to the court which rendered the judgment.
1458. The provisions of this code relative to bail are applicable
to bail in misdemeanor or infraction cases. The defendant, at any
time after arrest and before conviction, may be admitted to bail. The
undertaking of bail in such a case shall be in substantially the
following form:
A complaint having been filed on the ____ day of ____, 19__, in
the ____ Court of ____ County of ____ (stating title and location of
court) charging ____ (naming defendant) as defendant with the crime
of ____ (designating it generally) and the defendant having been
admitted to bail in the sum of ____ dollars ($____) (stating amount);
We, ____ and ____, of ____ (stating their places of residence and
occupation), hereby undertake that the above-named defendant will
appear and answer any charge in any accusatory pleading based upon
the acts supporting the complaint above mentioned and all duly
authorized amendments thereof, in whatever court it may be
prosecuted, and will at all times hold himself or herself amenable to
the orders and process of the court, and, if convicted, will appear
for pronouncement of judgment or grant of probation or if the
defendant fails to perform either of these conditions, that we will
pay to the people of the State of California the sum of ____ dollars
($____) (inserting the sum in which the defendant is admitted to
bail). If the forfeiture of this bond is ordered by the court,
judgment may be summarily made and entered forthwith against the said
____ (naming the sureties and the defendant if the defendant is a
party to the bond) for the amount of their respective undertakings
herein, as provided by Sections 1305 and 1306 of the California Penal
Code.
1459. Undertakings of bail filed by admitted surety insurers shall
meet all other requirements of law and the obligation of the insurer
shall be in the following form except to the extent a different form
is otherwise provided by statute:
____ (stating the title and the location of the court).
Defendant ____ (stating the name of the defendant) having been
admitted to bail in the sum of ____ dollars ($____) (stating the
amount of bail fixed) and ordered to appear in the above-entitled
court on ____, 19__ (stating the date for appearance in court), on
____ (stating only the word "misdemeanor" or the word "felony")
charge/s;
Now, the ____ (stating the name of admitted surety insurer and
state of incorporation) hereby undertakes that the above-named
defendant will appear in the above-named court on the date above set
forth to answer any charge in any accusatory pleading based upon the
acts supporting the complaint filed against him/her and all duly
authorized amendments thereof, in whatever court it may be
prosecuted, and will at all times hold him/herself amenable to the
orders and process of the court and, if convicted, will appear for
pronouncement of judgment or grant of probation or if he/she fails to
perform either of these conditions, that the ____ (stating the name
of admitted surety insurer and state of incorporation) will pay to
the people of the State of California the sum of ____ dollars ($____)
(stating the amount of the undertaking of the admitted surety
insurer).
If the forfeiture of this bond be ordered by the court, judgment
may be summarily made and entered forthwith against the said ____
(stating the name of admitted surety insurer and state of
incorporation) for the amount of its undertaking herein, as provided
by Sections 1305 and 1306 of the California Penal Code.
(Stating the name of admitted surety
insurer and
state of incorporation),
(Signature)
By _____________________________________
Attorney-in-
fact
(Corporate seal)
(Jurat of notary public
or
other officer authorized
to administer oaths.)
1462.2. Except as otherwise provided in the Vehicle Code, the
proper court for the trial of criminal cases amounting to misdemeanor
shall be the superior court of the county within which the offense
charged was committed.
If an action or proceeding is commenced in a court other than the
court herein designated as the proper court for the trial, the action
may, notwithstanding, be tried in the court where commenced, unless
the defendant, at the time of pleading, requests an order
transferring the action or proceeding to the proper court. If after
that request it appears that the action or proceeding was not
commenced in the proper court, the court shall order the action or
proceeding transferred to the proper court. The judge shall, at the
time of arraignment, inform the defendant of the right to be tried in
the county where the offense was committed.
1462.25. (a) A defendant formally charged with a violation of
Vehicle Code Section 14601 in one court ("the first court"), against
whom a formal charge of a violation of Vehicle Code Section 14601 is
pending in one or more other courts, may state in writing his or her
agreement to plead guilty or nolo contendere to some or all of the
charges pending in the other courts, to waive trial or hearing in the
other courts, and to consent to disposition of the case in the first
court. The defendant's agreement is ineffective unless the district
attorney for the other county approves in writing. Upon receipt of
the defendant's agreement and the district attorney's approval, the
clerk of court in the other court shall transfer the pending matter
to the first court, and transmit the papers or certified copies. The
prosecution of each transferred matter shall proceed in the first
court as part of the case pending against the defendant there, but
shall be limited to proceedings upon the defendant's plea of guilty
or nolo contendere, and sentencing or probation. If the defendant
pleads not guilty, the clerk shall retransfer the transferred case to
the court of origin, and the prosecution shall be resumed in that
court. The defendant's statement that the defendant agreed to plead
guilty or nolo contendere shall not be used against the defendant.
(b) The procedure specified in subdivision (a) may be used only if
the defendant is represented by counsel in the other courts, or the
defendant has expressly waived his or her right to counsel in the
other courts.
(c) A defendant may request appointment of counsel in the other
courts by a written request. Upon receiving the defendant's written
request, the other court shall appoint counsel to represent the
defendant if he or she otherwise qualifies for appointed counsel.
(d) The appearance of the defendant in proceedings transferred
pursuant to subdivision (a) shall not commence the running of time
limits under Section 859b, 860, 861, or 1382.
1462.5. Each installment or partial payment of a fine, penalty,
forfeiture or fee shall be prorated among the state and local shares
according to the uniform accounting system established by the State
Controller pursuant to Section 71380 of the Government Code. In cases
subject to Section 1463.18 of the Penal Code, proration shall not
occur until the minimum amounts have been transferred to the
Restitution Fund as provided in that section.
1463. All fines and forfeitures imposed and collected for crimes
shall be distributed in accordance with Section 1463.001.
The following definitions shall apply to terms used in this
chapter:
(a) "Arrest" means any law enforcement action, including issuance
of a notice to appear or notice of violation, which results in a
criminal charge.
(b) "City" includes any city, city and county, district, including
any enterprise special district, community service district, or
community service area engaged in police protection activities as
reported to the Controller for inclusion in the 1989-90 edition of
the Financial Transactions Report Concerning Special Districts under
the heading of Police Protection and Public Safety, authority, or
other local agency (other than a county) which employs persons
authorized to make arrests or to issue notices to appear or notices
of violation which may be filed in court.
(c) "City arrest" means an arrest by an employee of a city, or by
a California Highway Patrol officer within the limits of a city.
(d) "County" means the county in which the arrest took place.
(e) "County arrest" means an arrest by a California Highway Patrol
officer outside the limits of a city, or any arrest by a county
officer or by any other state officer.
(f) "Court" means the superior court or a juvenile forum
established under Section 257 of the Welfare and Institutions Code,
in which the case arising from the arrest is filed.
(g) "Division of moneys" means an allocation of base fine proceeds
between agencies as required by statute, including, but not limited
to, Sections 1463.003, 1463.9, 1463.23, and 1463.26 of this code,
Sections 13001, 13002, and 13003 of the Fish and Game Code, and
Section 11502 of the Health and Safety Code.
(h) "Offense" means any infraction, misdemeanor, or felony, and
any act by a juvenile leading to an order to pay a financial sanction
by reason of the act being defined as an infraction, misdemeanor, or
felony, whether defined in this or any other code, except any
parking offense as defined in subdivision (i).
(i) "Parking offense" means any offense charged pursuant to
Article 3 (commencing with Section 40200) of Chapter 1 of Division 17
of the Vehicle Code, including registration and equipment offenses
included on a notice of parking violation.
(j) "Penalty allocation" means the deposit of a specified part of
moneys to offset designated processing costs, as provided by Section
1463.16 of this code and by Section 68090.8 of the Government Code.
(k) "Total parking penalty" means the total sum to be collected
for a parking offense, whether as fine, forfeiture of bail, or
payment of penalty to the Department of Motor Vehicles (DMV). It may
include the following components:
(1) The base parking penalty as established pursuant to Section
40203.5 of the Vehicle Code.
(2) The DMV fees added upon the placement of a hold pursuant to
Section 40220 of the Vehicle Code.
(3) The surcharges required by Section 76000 of the Government
Code.
(4) The notice penalty added to the base parking penalty when a
notice of delinquent parking violations is given.
(l) "Total fine or forfeiture" means the total sum to be collected
upon a conviction, or the total amount of bail forfeited or
deposited as cash bail subject to forfeiture. It may include, but is
not limited to, the following components as specified for the
particular offense:
(1) The "base fine" upon which the state penalty and additional
county penalty is calculated.
(2) The "county penalty" required by Section 76000 of the
Government Code.
(3) The "DNA penalty" required by Sections 76104.6 and 76104.7 of
the Government Code.
(4) The "emergency medical services penalty" authorized by Section
76000.5 of the Government Code.
(5) The "service charge" permitted by Section 853.7 of the Penal
Code and Section 40508.5 of the Vehicle Code.
(6) The "special penalty" dedicated for blood alcohol analysis,
alcohol program services, traumatic brain injury research, and
similar purposes.
(7) The "state penalty" required by Section 1464.
1463.001. Except as otherwise provided in this section, all fines
and forfeitures imposed and collected for crimes other than parking
offenses resulting from a filing in a court shall as soon as
practicable after receipt thereof, be deposited with the county
treasurer, and each month the total fines and forfeitures which have
accumulated within the past month shall be distributed, as follows:
(a) The state penalties, county penalties, special penalties,
service charges, and penalty allocations shall be transferred to the
proper funds as required by law.
(b) The base fines shall be distributed, as follows:
(1) Any base fines which are subject to specific distribution
under any other section shall be distributed to the specified funds
of the state or local agency.
(2) Base fines resulting from county arrest not included in
paragraph (1), shall be transferred into the proper funds of the
county.
(3) Base fines resulting from city arrests not included in
paragraph (1), an amount equal to the applicable county percentages
set forth in Section 1463.002, as modified by Section 1463.28, shall
be transferred into the proper funds of the county. Until July 1,
1998, the remainder of base fines resulting from city arrests shall
be divided between each city and county, with 50 percent deposited to
the county's general fund, and 50 percent deposited to the treasury
of the appropriate city, and thereafter the remainder of base fines
resulting from city arrests shall be deposited to the treasury of the
appropriate city.
(4) In a county that had an agreement as of March 22, 1977, that
provides for city fines and forfeitures to accrue to the county in
exchange for sales tax receipts, base fines resulting from city
arrests not included in paragraph (1) shall be deposited into the
proper funds of the county.
(c) Each county shall keep a record of its deposits to its
treasury and its transmittal to each city treasury pursuant to this
section.
(d) The distribution specified in subdivision (b) applies to all
funds subject thereto distributed on or after July 1, 1992,
regardless of whether the court has elected to allocate and
distribute funds pursuant to Section 1464.8.
(e) Any amounts remitted to the county from amounts collected by
the Franchise Tax Board upon referral by a county pursuant to Article
6 (commencing with Section 19280) of Chapter 5 of Part 10.2 of
Division 2 of the Revenue and Taxation Code shall be allocated
pursuant to this section.
1463.002. The base fine amounts from city arrests shall be subject
to distribution according to the following schedule:
County and city Percentage
Alameda
Alameda............................... 18
Albany................................ 29
Berkeley.............................. 19
Emeryville............................ 13
Hayward............................... 10
Livermore............................. 7
Oakland............................... 22
Piedmont.............................. 44
Pleasanton............................ 17
San Leandro........................... 9
County percentage..................... 21
Amador
Amador................................ 25
Ione.................................. 25
Jackson............................... 25
Plymouth.............................. 25
Sutter Creek.......................... 25
County percentage..................... 29
Butte
Biggs................................. 75
Chico................................. 22
Gridley............................... 49
Oroville.............................. 9
County percentage..................... 20
Calaveras
Angels................................ 62
County percentage..................... 62
Colusa
Colusa................................ 13
Williams.............................. 17
County percentage..................... 16
Contra Costa
Antioch............................... 11
Brentwood............................. 24
Concord............................... 18
El Cerrito............................ 19
Hercules.............................. 14
Martinez.............................. 22
Pinole................................ 22
Pittsburg............................. 5
Richmond.............................. 14
San Pablo............................. 12
Walnut Creek.......................... 24
County percentage..................... 14
Del Norte
Crescent City......................... 19
County percentage..................... 19
El Dorado
Placerville........................... 14
County percentage..................... 14
Fresno
Clovis................................ 23
Coalinga.............................. 21
Firebaugh............................. 16
Fowler................................ 34
Fresno................................ 26
Huron................................. 24
Kerman................................ 14
Kingsburg............................. 34
Mendota............................... 11
Orange Cove........................... 24
Parlier............................... 21
Reedley............................... 30
Sanger................................ 29
San Joaquin........................... 15
Selma................................. 14
County percentage..................... 24
Glenn
Orland................................ 27
Willows............................... 36
County percentage..................... 32
Humboldt
Arcata................................ 9
Blue Lake............................. 26
Eureka................................ 11
Ferndale.............................. 30
Fortuna............................... 17
Trinidad.............................. 11
County percentage..................... 11
Imperial
Brawley............................... 8
Calexico.............................. 10
Calipatria............................ 30
El Centro............................. 5
Holtville............................. 16
Imperial.............................. 6
Westmorland........................... 12
County percentage..................... 8
Inyo
Bishop................................ 25
County percentage..................... 25
Kern
Bakersfield........................... 10
Delano................................ 13
Maricopa.............................. 36
Shafter............................... 15
Taft.................................. 19
Tehachapi............................. 12
Wasco................................. 28
County percentage..................... 12
Kings
Corcoran.............................. 31
Hanford............................... 21
Lemoore............................... 25
County percentage..................... 25
Lake
Lakeport.............................. 33
County percentage..................... 33
Lassen
Susanville............................ 21
County percentage..................... 21
Los Angeles
Alhambra.............................. 13
Arcadia............................... 11
Avalon................................ 54
Azusa................................. 11
Bell.................................. 11
Beverly Hills......................... 14
Burbank............................... 14
Claremont............................. 5
Compton............................... 16
Covina................................ 11
Culver City........................... 10
El Monte.............................. 11
El Segundo............................ 11
Gardena............................... 22
Glendale.............................. 16
Glendora.............................. 12
Hawthorne............................. 7
Hermosa Beach......................... 14
Huntington Park....................... 12
Inglewood............................. 16
La Verne.............................. 14
Long Beach............................ 14
Los Angeles........................... 8
Lynwood............................... 9
Manhattan Beach....................... 13
Maywood............................... 15
Monrovia.............................. 11
Montebello............................ 11
Monterey Park......................... 11
Palos Verdes Estates.................. 10
Pasadena.............................. 9
Pomona................................ 12
Redondo Beach......................... 15
San Fernando.......................... 17
San Gabriel........................... 16
San Marino............................ 5
Santa Monica.......................... 11
Sierra Madre.......................... 11
Signal Hill........................... 24
South Gate............................ 13
South Pasadena........................ 9
Torrance.............................. 16
Vernon................................ 25
West Covina........................... 11
Whittier.............................. 11
County percentage..................... 11
Madera
Chowchilla............................ 17
Madera................................ 16
County percentage..................... 17
Marin
Belvedere............................. 16
Corte Madera.......................... 12
Fairfax............................... 30
Larkspur.............................. 30
Mill Valley........................... 13
Ross.................................. 18
San Anselmo........................... 11
San Rafael............................ 13
Sausalito............................. 21
County percentage..................... 16
Mendocino
Fort Bragg............................ 19
Point Arena........................... 40
Ukiah................................. 10
Willits............................... 24
County percentage..................... 17
Merced
Atwater............................... 23
Dos Palos............................. 21
Gustine............................... 23
Livingston............................ 14
Los Banos............................. 13
Merced................................ 18
County percentage..................... 18
Modoc
Alturas............................... 42
County percentage..................... 42
Monterey
Carmel................................ 17
Gonzales.............................. 10
Greenfield............................ 13
King City............................. 36
Monterey.............................. 13
Pacific Grove......................... 22
Salinas............................... 36
Soledad............................... 16
County percentage..................... 23
Napa
Calistoga............................. 37
Napa.................................. 11
St. Helena............................ 12
County percentage..................... 14
Nevada
Grass Valley.......................... 7
Nevada City........................... 17
County percentage..................... 9
Orange
County percentage..................... 15
Placer
Auburn................................ 18
Colfax................................ 8
Lincoln............................... 26
Rocklin............................... 16
Roseville............................. 10
County percentage..................... 14
Plumas
Portola............................... 19
County percentage..................... 19
Riverside
Banning............................... 35
Beaumont.............................. 15
Blythe................................ 9
Coachella............................. 12
Corona................................ 12
Elsinore.............................. 10
Hemet................................. 35
Indio................................. 16
Palm Springs.......................... 35
Perris................................ 14
Riverside............................. 16
San Jacinto........................... 41
County percentage..................... 35
Sacramento
Folsom................................ 31
Galt.................................. 25
Isleton............................... 13
North Sacramento...................... 10
Sacramento............................ 21
County percentage..................... 26
San Benito
Hollister............................. 9
San Juan Bautista..................... 28
County percentage..................... 11
San Bernardino
Barstow............................... 23
Chino................................. 14
Colton................................ 21
Fontana............................... 15
Needles............................... 33
Ontario............................... 20
Redlands.............................. 28
Rialto................................ 15
San Bernardino........................ 20
Upland................................ 14
County percentage..................... 20
San Diego
Carlsbad.............................. 8
Chula Vista........................... 23
Coronado.............................. 25
Del Mar............................... 8
El Cajon.............................. 17
Escondido............................. 16
Imperial Beach........................ 8
La Mesa............................... 23
Lemon Grove........................... 8
National City......................... 14
Oceanside............................. 15
San Marcos............................ 8
Vista................................. 8
San Diego............................. 6
County percentage..................... 25
San Joaquin
Lodi.................................. 18
Manteca............................... 8
Ripon................................. 11
Stockton.............................. 14
Tracy................................. 15
County percentage..................... 14
San Luis Obispo
Arroyo Grande......................... 9
Paso Robles........................... 26
Pismo Beach........................... 8
San Luis Obispo....................... 21
County percentage..................... 16
San Mateo
Atherton.............................. 27
Belmont............................... 7
Burlingame............................ 38
Colma................................. 40
Daly City............................. 24
Hillsborough.......................... 75
Menlo Park............................ 12
Millbrae.............................. 16
Redwood City.......................... 27
San Bruno............................. 13
San Carlos............................ 8
San Mateo............................. 42
South San Francisco................... 12
County percentage..................... 21
Santa Barbara
Guadalupe............................. 28
Lompoc................................ 16
Santa Barbara......................... 11
Santa Maria........................... 12
County percentage..................... 13
Santa Clara
Alviso................................ 75
Campbell.............................. 16
Gilroy................................ 28
Los Altos............................. 16
Los Gatos............................. 30
Morgan Hill........................... 11
Mountain View......................... 13
Palo Alto............................. 21
San Jose.............................. 13
Santa Clara........................... 16
Sunnyvale............................. 26
County percentage..................... 16
Santa Cruz
Capitola.............................. 21
Santa Cruz............................ 23
Watsonville........................... 21
County percentage..................... 22
Shasta
Redding............................... 22
County percentage..................... 22
Sierra
Loyalton.............................. 75
County percentage..................... 75
Siskiyou
Dorris................................ 18
Dunsmuir.............................. 29
Etna.................................. 18
Fort Jones............................ 46
Montague.............................. 75
Mount Shasta.......................... 37
Tulelake.............................. 33
Yreka................................. 30
County percentage..................... 29
Solano
Benicia............................... 17
Dixon................................. 18
Fairfield............................. 18
Rio Vista............................. 19
Suisun................................ 7
Vacaville............................. 15
Vallejo............................... 18
County percentage..................... 19
Sonoma
Cloverdale............................ 40
Cotati................................ 40
Healdsburg............................ 40
Petaluma.............................. 24
Rohnert Park.......................... 40
Santa Rosa............................ 40
Sebastopol............................ 40
Sonoma................................ 40
County percentage..................... 40
Stanislaus
Ceres................................. 14
Modesto............................... 15
Newman................................ 10
Oakdale............................... 15
Patterson............................. 20
Riverbank............................. 18
Turlock............................... 19
County percentage..................... 15
Sutter
Live Oak.............................. 17
Yuba City............................. 17
County percentage..................... 17
Tehama
Corning............................... 26
Red Bluff............................. 39
Tehama................................ 10
County percentage..................... 31
Tulare
Dinuba................................ 21
Exeter................................ 23
Lindsay............................... 24
Porterville........................... 26
Tulare................................ 20
Visalia............................... 17
Woodlake.............................. 15
County percentage..................... 21
Tuolumne
Sonora................................ 23
County percentage..................... 23
Ventura
Fillmore.............................. 16
Ojai.................................. 16
Oxnard................................ 16
Port Hueneme.......................... 16
Santa Paula........................... 16
Ventura............................... 16
County percentage..................... 16
Yolo
Davis................................. 22
Winters............................... 19
Woodland.............................. 20
County percentage..................... 20
Yuba
Marysville............................ 15
Wheatland............................. 38
County percentage..................... 15
With respect to any city arrest from a city which is not set forth
in the above schedule, the county percentage shall apply. A county
and city therein may, by mutual agreement, adjust these percentages.
Where a county and a city have, prior to June 1, 1991, entered into
an agreement to adjust the percentage specified in this section, or
where a county and a city have entered into an agreement governing
the distribution of revenue from parking penalties, those agreements
shall remain in full force and effect until changed by mutual
agreement.
1463.004. (a) If a sentencing judge specifies only the total fine
or forfeiture, or if an automated case-processing system requires it,
percentage calculations may be employed to establish the components
of total fines or forfeitures, provided that the aggregate monthly
distributions resulting from the calculations are the same as would
be produced by strict observance of the statutory distributions.
(b) If a fund would receive less than one hundred dollars ($100)
in monthly distributions of total fines and forfeitures by a
particular court for at least 11 months of each year, the court may
omit that fund from the system for calculating distributions, and
shall instead apply the distribution provided for by Section
1463.001.
1463.005. Notwithstanding Section 1463.001, in a county subject to
Section 77202.5 of the Government Code, of base fines resulting from
arrests not subject to allocation under paragraph (1) of subdivision
(b) of Section 1463.001, by a California Highway Patrol Officer on
state highways constructed as freeways within the city whereon city
police officers enforced the provisions of the Vehicle Code on April
1, 1965, 25 percent shall be deposited in the treasury of the
appropriate city, 75 percent shall be deposited in the proper funds
of the county.
1463.006. Any money deposited with the court or with the clerk
thereof which, by order of the court or for any other reason, should
be returned, in whole or in part, to any person, or which is by law
payable to the state or to any other public agency, shall be paid to
that person or to the state or to the other public agency by warrant
of the county auditor, which shall be drawn upon the requisition of
the clerk of the court.
All money deposited as bail which has not been claimed within one
year after the final disposition of the case in which the money was
deposited, or within one year after an order made by the court for
the return or delivery of the money to any person, shall be
apportioned between the city and the county and paid or transferred
in the manner provided by statute for the apportionment and payment
of fines and forfeitures. This paragraph controls over any
conflicting provisions of law.
1463.007. Notwithstanding any other provision of law, any county or
court that implements or has implemented a comprehensive program to
identify and collect delinquent fees, fines, forfeitures, penalties,
and assessments, including, but not limited to, public defender fees,
with or without a warrant having been issued against the alleged
violator, if the base fees, fines, forfeitures, penalties, and
assessments are delinquent, may deduct and deposit in the county
treasury or in the trial court operations fund the cost of operating
that program, excluding capital expenditures, from any revenues
collected thereby prior to making any distribution of revenues to
other governmental entities required by any other provision of law.
Any county or court may establish a minimum base fee, fine,
forfeiture, penalty, or assessment amount for inclusion in the
program. This section applies to costs incurred by a court or a
county on or after June 30, 1997, and prior to the implementation of
a time payments agreement, and shall supersede any prior law to the
contrary. This section does not apply to a defendant who is paying
fees, fines, forfeitures, penalties, or assessments through time
payments, unless he or she is delinquent in making payments according
to the agreed-upon payment schedule. For purposes of this section, a
comprehensive collection program is a separate and distinct revenue
collection activity and shall include at least 10 of the following
components:
(a) Monthly bill or account statements to all debtors.
(b) Telephone contact with delinquent debtors to apprise them of
their failure to meet payment obligations.
(c) Issuance of warning letters to advise delinquent debtors of an
outstanding obligation.
(d) Requests for credit reports to assist in locating delinquent
debtors.
(e) Access to Employment Development Department employment and
wage information.
(f) The generation of monthly delinquent reports.
(g) Participation in the Franchise Tax Board's Interagency
Intercept Collections Program.
(h) The use of Department of Motor Vehicle information to locate
delinquent debtors.
(i) The use of wage and bank account garnishments.
(j) The imposition of liens on real property and proceeds from the
sale of real property held by a title company.
(k) The filing of a claim or the filing of objections to the
inclusion of outstanding fines and forfeitures in bankruptcy
proceedings.
(l) Coordination with the probation department to locate debtors
who may be on formal or informal probation.
(m) The initiation of driver's license suspension actions where
appropriate.
(n) The capability to accept credit card payments.
(o) Participation in the Franchise Tax Board's Court-Ordered Debt
Collections Program.
(p) Contracting with one or more private debt collectors.
(q) The use of local, regional, state, or national skip tracing or
locator resources or services to locate delinquent debtors.
(r) This section shall become inoperative on July 1, 2012, and, as
of January 1, 2013, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2013, deletes or
extends the dates on which it becomes inoperative and is repealed.
1463.007. (a) Notwithstanding any other provision of law, any
county or court that operates a comprehensive collection program may
deduct the costs of operating that program, excluding capital
expenditures, from any revenues collected under that program. The
costs shall be deducted before any distribution of revenues to other
governmental entities required by any other provision of law. Any
county or court operating a comprehensive collection program may
establish a minimum base fee, fine, forfeiture, penalty, or
assessment amount for inclusion in the program.
(b) Once debt becomes delinquent, it continues to be delinquent
and may be subject to collection by a comprehensive collection
program. Debt is delinquent and subject to collection by a
comprehensive collection program if any of the following conditions
is met:
(1) A defendant does not post bail or appear on or before the date
on which he or she promised to appear, or any lawful continuance of
that date, if that defendant was eligible to post and forfeit bail.
(2) A defendant does not pay the amount imposed by the court on or
before the date ordered by the court, or any lawful continuance of
that date.
(3) A defendant has failed to make an installment payment on the
date specified by the court.
(c) For the purposes of this section, a "comprehensive collection
program" is a separate and distinct revenue collection activity that
meets each of the following criteria:
(1) The program identifies and collects amounts arising from
delinquent court-ordered debt, whether or not a warrant has been
issued against the alleged violator.
(2) The program complies with the requirements of subdivision (b)
of Section 1463.010.
(3) The program engages in each of the following activities:
(A) Attempts telephone contact with delinquent debtors for whom
the program has a phone number to inform them of their delinquent
status and payment options.
(B) Notifies delinquent debtors for whom the program has an
address in writing of their outstanding obligation within 95 days of
delinquency.
(C) Generates internal monthly reports to track collections data,
such as age of debt and delinquent amounts outstanding.
(D) Uses Department of Motor Vehicles information to locate
delinquent debtors.
(E) Accepts payment of delinquent debt by credit card.
(4) The program engages in at least five of the following
activities:
(A) Sends delinquent debt to the Franchise Tax Board's
Court-Ordered Debt Collections Program.
(B) Sends delinquent debt to the Franchise Tax Board's Interagency
Intercept Collections Program.
(C) Initiates driver's license suspension or hold actions when
appropriate.
(D) Contracts with one or more private debt collectors to collect
delinquent debt.
(E) Sends monthly bills or account statements to all delinquent
debtors.
(F) Contracts with local, regional, state, or national skip
tracing or locator resources or services to locate delinquent
debtors.
(G) Coordinates with the probation department to locate debtors
who may be on formal or informal probation.
(H) Uses Employment Development Department employment and wage
information to collect delinquent debt.
(I) Establishes wage and bank account garnishments where
appropriate.
(J) Places liens on real property owned by delinquent debtors when
appropriate.
(K) Uses an automated dialer or automatic call distribution system
to manage telephone calls.
(d) This section shall become operative on July 1, 2012.
1463.009. Notwithstanding Section 1463, all bail forfeitures that
are collected from any source in a case in which a defendant is
charged and convicted of a violation of Section 261, 264.1, 286, 288,
288a, 288.5, or 289, or of a violent felony as defined in
subdivision (c) of Section 667.5 or a serious felony as defined in
subdivision (c) of Section 1192.7, and that are required to be
deposited with the county treasurer shall be allocated according to
the following priority:
(a) The county shall be reimbursed for reasonable administrative
costs for the collection of the forfeited property, the maintenance
and preservation of the property, and the distribution of the
property pursuant to this section.
(b) Out of the remainder of the forfeited bail money, a total of
up to 50 percent shall be distributed in the amount necessary to
satisfy any civil court judgment in favor of a victim as a result of
the offense or a restitution order due to a criminal conviction to a
victim who was under 18 years of age at the time of the commission of
the offense if the defendant is convicted under Section 261, 264.1,
286, 288, 288a, 288.5, or 289, and to a victim of any age if the
defendant has been convicted of a violent felony as defined in
subdivision (c) of Section 667.5 or a serious felony as defined in
subdivision (c) of Section 1192.7.
(c) The balance of the amount collected shall be deposited
pursuant to Section 1463.
1463.010. The uniform imposition and enforcement of court-ordered
debts are recognized as an important element of California's judicial
system. Prompt, efficient, and effective imposition and collection
of court-ordered fees, fines, forfeitures, penalties, restitution,
and assessments ensure the appropriate respect for court orders. The
California State Association of Counties and the Administrative
Office of the Courts are jointly committed to identifying, improving,
and seeking to expand access to mechanisms and tools that will
enhance efforts to collect court-ordered debt. To provide for this
prompt, efficient, and effective collection:
(a) The Judicial Council shall adopt guidelines for a
comprehensive program concerning the collection of moneys owed for
fees, fines, forfeitures, penalties, and assessments imposed by court
order. As part of its guidelines, the Judicial Council may establish
standard agreements for entities to provide collection services. As
part of its guidelines, the Judicial Council shall include provisions
that promote competition by and between entities in providing
collection services to courts and counties. The Judicial Council may
delegate to the Administrative Director of the Courts the
implementation of the aspects of this program to be carried out at
the state level.
(b) The courts and counties shall maintain the collection program
that was in place on January 1, 1996, unless otherwise agreed to in
writing by the court and county. The program may wholly or partially
be staffed and operated within the court itself, may be wholly or
partially staffed and operated by the county, or may be wholly or
partially contracted with a third party. In carrying out this
collection program, each superior court and county shall develop a
cooperative plan to implement the Judicial Council guidelines. In the
event that a court and a county are unwilling or unable to enter
into a cooperative plan pursuant to this section, prior to the
arbitration procedures required by subdivision (e) of Section 1214.1,
the court or the county may request the continuation of negotiations
with mediation assistance as mutually agreed upon and provided by
the Administrative Director of the Courts and the California State
Association of Counties.
(c) The Judicial Council shall develop performance measures and
benchmarks to review the effectiveness of the cooperative superior
court and county collection programs operating pursuant to this
section. Each superior court and county shall jointly report to the
Judicial Council, as provided by the Judicial Council, information
requested in a reporting template on or before September 1, 2009, and
annually thereafter. The Judicial Council shall report to the
Legislature on December 31, 2009, and annually thereafter, on all of
the following:
(1) The extent to which each court or county is following best
practices for its collection program.
(2) The performance of each collection program.
(3) Any changes necessary to improve performance of collection
programs statewide.
(d) The Judicial Council may, when the efficiency and
effectiveness of the collection process may be improved, facilitate a
joint collection program between superior courts, between counties,
or between superior courts and counties.
(e) The Judicial Council may establish, by court rule, a program
providing for the suspension and nonrenewal of a business and
professional license if the holder of the license has unpaid fees,
fines, forfeitures, penalties, and assessments imposed upon them
under a court order. The Judicial Council may provide that some or
all of the superior courts or counties participate in the program.
Any program established by the Judicial Council shall ensure that the
licensee receives adequate and appropriate notice of the proposed
suspension or nonrenewal of his or her license and has an opportunity
to contest the suspension or nonrenewal. The opportunity to contest
may not require a court hearing.
(f) Notwithstanding any other provision of law, the Judicial
Council, after consultation with the Franchise Tax Board with respect
to collections under Section 19280 of the Revenue and Taxation Code,
may provide for an amnesty program involving the collection of
outstanding fees, fines, forfeitures, penalties, and assessments,
applicable either statewide or within one or more counties. The
amnesty program shall provide that some or all of the interest or
collections costs imposed on outstanding fees, fines, forfeitures,
penalties, and assessments may be waived if the remaining amounts due
are paid within the amnesty period.
1463.02. (a) On or before June 30, 2011, the Judicial Council shall
establish a task force to evaluate criminal and traffic-related
court-ordered debts imposed against adult and juvenile offenders. The
task force shall be comprised of the following members:
(1) Two members appointed by the California State Association of
Counties.
(2) Two members appointed by the League of California Cities.
(3) Two court executives, two judges, and two Administrative
Office of the Courts employees appointed by the Judicial Council.
(4) One member appointed by the Controller.
(5) One member appointed by the Franchise Tax Board.
(6) One member appointed by the California Victim Compensation and
Government Claims Board.
(7) One member appointed by the Department of Corrections and
Rehabilitation.
(8) One member appointed by the Department of Finance.
(9) One member appointed by each house of the Legislature.
(10) A county public defender and a city attorney appointed by the
Speaker of the Assembly.
(11) A defense attorney in private practice and a district
attorney appointed by the Senate Committee on Rules.
(b) The Judicial Council shall designate a chairperson for the
task force. The task force shall, among other duties, do all of the
following:
(1) Identify all criminal and traffic-related court-ordered fees,
fines, forfeitures, penalties, and assessments imposed under law.
(2) Identify the distribution of revenue derived from those debts
and the expenditures made by those entities that benefit from the
revenues.
(3) Consult with state and local entities that would be affected
by a simplification and consolidation of criminal and traffic-related
court-ordered debts.
(4) Evaluate and make recommendations to the Judicial Council and
the Legislature for consolidating and simplifying the imposition of
criminal and traffic-related court-ordered debts and the distribution
of the revenue derived from those debts with the goal of improving
the process for those entities that benefit from the revenues, and
recommendations, if any, for adjustment to the court-ordered debts.
(c) The task force also shall document recent annual revenues from
the various penalty assessments and surcharges and, to the extent
feasible, evaluate the extent to which the amount of each penalty
assessment and surcharge impacts total annual revenues, imposition of
criminal sentences, and the actual amounts assessed.
(d) The task force also shall evaluate and make recommendations to
the Judicial Council and the Legislature on or before June 30, 2011,
regarding the priority in which court-ordered debts should be
satisfied and the use of comprehensive collection programs authorized
pursuant to Section 1463.007, including associated cost-recovery
practices.
1463.04. Notwithstanding Section 1463, out of the moneys deposited
with the county treasurer pursuant to Section 1463, there shall be
transferred once a month into the State Treasury to the credit of the
Winter Recreation Fund an amount equal to 50 percent of all fines
and forfeitures collected during the preceding month upon conviction
or upon the forfeiture of bail from any person of any violation of
Section 5091.15 of the Public Resources Code, and an amount equal to
the remaining 50 percent shall be transferred to the county general
fund and deposited in a special account which shall be used
exclusively to pay for the cost of furthering the purposes of the
California SNO-PARK Permit Program, including, but not limited to,
the snow removal, maintenance, and development of designated parking
areas.
1463.07. 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.
1463.1. Notwithstanding any other provisions of law except Section
77009 of the Government Code, any trial court may elect, with prior
approval of the Administrative Director of the Courts, to deposit in
a bank account pursuant to Section 53679 of the Government Code, all
moneys deposited as bail with the court, or with the clerk thereof.
All moneys received and disbursed through the bank account shall
be properly and uniformly accounted for under any procedures the
Controller may deem necessary. The Judicial Council may regulate the
bank accounts, provided that its regulations are not inconsistent
with those of the Controller.
1463.5. The distribution of funds required pursuant to Section
1463, and the distribution of assessments imposed and collected under
Section 1464 and Section 42006 of the Vehicle Code, may be
determined and made upon the basis of probability sampling. The
sampling shall be procedural in nature and shall not substantively
modify the distributions required pursuant to Sections 1463 and 1464
and Section 42006 of the Vehicle Code. The procedure for the sampling
shall be prescribed by the county auditor and the procedure and its
implementation shall be approved by the board of supervisors and a
majority of the cities within a county. The reasonableness of the
distribution shall be verified during the audit performed pursuant to
Section 71383 of the Government Code.
1463.7. Funds transferred to the Regents of the University of
California pursuant to Section 1462.3 may not be utilized to purchase
land or to construct any parking facility. These funds shall be
utilized for the development, enhancement, and operation of alternate
methods of transportation of students and employees of the
University of California and for the mitigation of the impact of
off-campus student and employee parking in university communities.
1463.9. Notwithstanding the provisions of Section 1463, 50 percent
of all fines and forfeitures collected upon conviction, or upon
forfeiture of bail, for violations of Section 13002 of the Health and
Safety Code, Sections 23111 and 23112, and subdivision (a) of
Section 23113 of the Vehicle Code, and Section 374.3 of this code
shall be kept separate and apart from any other fines and
forfeitures. These fines and forfeitures shall, as soon as
practicable after their receipt, be deposited with the county
treasurer of the county in which the court is situated and shall be
distributed as prescribed in Section 1463, except that the money
distributed to any county or city shall be expended only for litter
cleanup activities within that city or county.
1463.10. Notwithstanding Section 1463, fines and forfeitures which
are collected for a conviction of a violation of Section 11366.7 of
the Health and Safety Code and which are required to be deposited
with the county treasurer pursuant to Section 1463 shall be allocated
as follows:
(a) To reimburse any local agency for the reasonable costs of the
removal and disposal, or storage, of any chemical or drug, or any
laboratory apparatus or device, sold by a person convicted under
Section 11366.7 of the Health and Safety Code.
(b) The balance of the amount collected, if any, shall be
deposited by the county treasurer pursuant to Section 1463.
1463.11. Notwithstanding Sections 1463 and 1464 of this code and
Section 76000 of the Government Code, moneys that are collected for a
violation of subdivision (a) or (c) of Section 21453 of, subdivision
(c) of Section 21454 of, or subdivision (a) of Section 21457 of, the
Vehicle Code, and which are required to be deposited with the county
treasurer pursuant to Section 1463 of this code shall be allocated
as follows:
(a) The first 30 percent of the amount collected shall be
allocated to the general fund of the city or county in which the
offense occurred.
(b) The balance of the amount collected shall be deposited by the
county treasurer under Sections 1463 and 1464.
1463.12. Notwithstanding Sections 1463 and 1464 of this code and
Section 76000 of the Government Code, moneys that are collected for a
violation of subdivision (c) of Section 21752 or Section 22450 of
the Vehicle Code, involving railroad grade crossings, or Section
22451, 22452, or subdivision (c) of Section 22526 of the Vehicle
Code, and that are required to be deposited with the county treasurer
pursuant to Section 1463 of this code shall be allocated as follows:
(a) If the offense occurred in an area where a transit district or
transportation commission or authority established under Division 12
(commencing with Section 130000) of the Public Utilities Code
provides rail transportation, the first 30 percent of the amount
collected shall be allocated to the general fund of that transit
district or transportation commission or authority to be used only
for public safety and public education purposes relating to railroad
grade crossings.
(b) If there is no transit district or transportation commission
or authority providing rail transportation in the area where the
offense occurred, the first 30 percent of the amount collected shall
be allocated to the general fund of the county in which the offense
occurred, to be used only for public safety and public education
purposes relating to railroad grade crossings.
(c) The balance of the amount collected shall be deposited by the
county treasurer under Section 1463.
(d) A transit district, transportation commission or authority, or
a county that is allocated funds pursuant to subdivision (a) or (b)
shall provide public safety and public education relating to railroad
grade crossings only to the extent that those purposes are funded by
the allocations provided pursuant to subdivision (a) or (b).
1463.13. (a) Each county may develop, implement, operate, and
administer an alcohol and drug problem assessment program for persons
convicted of a crime in which the court finds that alcohol or
substance abuse was substantially involved in the commission of the
crime. This program may be operated in coordination with the program
developed under Article 6 (commencing with Section 23645) of Chapter
4 of Division 11.5 of the Vehicle Code.
(1) A portion of any program established pursuant to this section
shall include a face-to-face interview with each program participant.
(2) No person convicted of driving under the influence of alcohol
or a controlled substance or a related offense shall participate in
any program established pursuant to this section.
(b) An alcohol and drug problem assessment report shall be made on
each person who participates in the program. The report may be used
to determine the appropriate sentence for the person. The report
shall be submitted to the court within 14 days of the completion of
the assessment.
(c) In any county in which the county operates an alcohol and drug
problem assessment program under this section, a court may order any
person convicted of a crime that inv
1427. (a) When a complaint is presented to a judge in a misdemeanor
or infraction case appearing to be triable in the judge's court, the
judge must, if satisfied therefrom that the offense complained of
has been committed and that there is reasonable ground to believe
that the defendant has committed it, issue a warrant, for the arrest
of the defendant.
(b) Such warrant of arrest and proceedings upon it shall be in
conformity to the provisions of this code regarding warrants of
arrest, and it may be in the following form:
County of ____
The people of the State of California, to any peace officer in
this state:
Complaint upon oath having been this day made before me that the
offense of ____ (designating it generally) has been committed and
accusing ____ (name of defendant) thereof you are therefore commanded
forthwith to arrest the above-named defendant and bring the
defendant forthwith before the ____ Court of ____ (stating full title
of court) at ____ (naming place).
Witness my hand and the seal of said court this ____ day of ____,
19__.
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If it appears that the offense complained of has been committed by
a corporation, no warrant of arrest shall issue, but the judge must
issue a summons substantially in the form prescribed in Section 1391.
Such summons must be served at the time and in the manner designated
in Section 1392 except that if the offense complained of is a
violation of the Vehicle Code or a local ordinance adopted pursuant
to the Vehicle Code, such summons may be served by deposit by the
clerk of the court in the United States mail of an envelope enclosing
the summons, which envelope shall be addressed to a person
authorized to accept service of legal process on behalf of the
defendant, and which envelope shall be mailed by registered mail or
certified mail with a return receipt requested. Promptly upon such
mailing, the clerk of the court shall execute a certificate of such
mailing and place it in the file of the court for that case. At the
time stated in the summons the corporation may appear by counsel and
answer the complaint, except that in the case of misdemeanors arising
from operation of motor vehicles, or of infractions arising from
operation of motor vehicles, a corporation may appear by its
president, vice president, secretary or managing agent for the
purpose of entering a plea of guilty. If it does not appear, a plea
of not guilty shall be entered, and the same proceedings had therein
as in other cases.
1428. In misdemeanor and infraction cases, the clerk of the
superior court may keep a docket, instead of minutes pursuant to
Section 69844 of the Government Code and a register of actions
pursuant to Section 69845 or 69845.5 of the Government Code. In the
docket, the clerk shall enter the title of each criminal action or
proceeding and under each title all the orders and proceedings in
such action or proceeding. Wherever by any other section of this code
made applicable to such court an entry of any judgment, order or
other proceeding in the minutes or register of actions is required,
an entry thereof in the docket shall be made and shall be deemed a
sufficient entry in the minutes or register of actions for all
purposes.
1429. In a misdemeanor case the plea of the defendant may be made
by the defendant or by the defendant's counsel. If such defendant
pleads guilty, the court may, before entering such plea or
pronouncing judgment, examine witnesses to ascertain the gravity of
the offense committed; and if it appears to the court that a higher
offense has been committed than the offense charged in the complaint,
the court may order the defendant to be committed or admitted to
bail, to answer any indictment which may be found against the
defendant by the grand jury, or any complaint which may be filed
charging the defendant with such higher offense.
1445. When the defendant pleads guilty, or is convicted, either by
the court, or by a jury, the court shall render judgment thereon of
fine or imprisonment, or both, as the case may be.
1447. When the defendant is acquitted in a misdemeanor or
infraction case, if the court certifies in the minutes that the
prosecution was malicious and without probable cause, the court may
order the complainant to pay the costs of the action, or to give an
undertaking to pay the costs within 30 days after the trial.
1448. If the complainant does not pay the costs, or give an
undertaking therefor, the court may enter judgment against the
complainant for the amount of the costs, which may be enforced in the
manner provided for enforcement of money judgments generally.
1449. In a misdemeanor or infraction case, after a plea, finding,
or verdict of guilty, or after a finding or verdict against the
defendant on a plea of former conviction or acquittal, or once in
jeopardy, the court shall appoint a time for pronouncing judgment
which shall be not less than six hours, nor more than five days,
after the verdict or plea of guilty, unless the defendant waives the
postponement. The court may extend the time for not more than 10 days
for the purpose of hearing or determining any motion for a new
trial, or in arrest of judgment. The court also may extend the time
for not more than 20 judicial days if probation is considered. Upon
request of the defendant or the probation officer, that time may be
further extended for not more than 90 additional days. In case of
postponement, the court may hold the defendant to bail to appear for
judgment. If, in the opinion of the court there is a reasonable
ground for believing a defendant insane, the court may extend the
time of pronouncing judgment and may commit the defendant to custody
until the question of insanity has been heard and determined.
If the defendant is a veteran who was discharged from service for
mental disability, upon his or her request, his or her case shall be
referred to the probation officer, who shall secure a military
medical history of the defendant and present it to the court together
with a recommendation for or against probation.
1457. Upon payment of the fine, the officer must discharge the
defendant, if he is not detained for any other legal cause, and pay
over the fine to the court which rendered the judgment.
1458. The provisions of this code relative to bail are applicable
to bail in misdemeanor or infraction cases. The defendant, at any
time after arrest and before conviction, may be admitted to bail. The
undertaking of bail in such a case shall be in substantially the
following form:
A complaint having been filed on the ____ day of ____, 19__, in
the ____ Court of ____ County of ____ (stating title and location of
court) charging ____ (naming defendant) as defendant with the crime
of ____ (designating it generally) and the defendant having been
admitted to bail in the sum of ____ dollars ($____) (stating amount);
We, ____ and ____, of ____ (stating their places of residence and
occupation), hereby undertake that the above-named defendant will
appear and answer any charge in any accusatory pleading based upon
the acts supporting the complaint above mentioned and all duly
authorized amendments thereof, in whatever court it may be
prosecuted, and will at all times hold himself or herself amenable to
the orders and process of the court, and, if convicted, will appear
for pronouncement of judgment or grant of probation or if the
defendant fails to perform either of these conditions, that we will
pay to the people of the State of California the sum of ____ dollars
($____) (inserting the sum in which the defendant is admitted to
bail). If the forfeiture of this bond is ordered by the court,
judgment may be summarily made and entered forthwith against the said
____ (naming the sureties and the defendant if the defendant is a
party to the bond) for the amount of their respective undertakings
herein, as provided by Sections 1305 and 1306 of the California Penal
Code.
1459. Undertakings of bail filed by admitted surety insurers shall
meet all other requirements of law and the obligation of the insurer
shall be in the following form except to the extent a different form
is otherwise provided by statute:
____ (stating the title and the location of the court).
Defendant ____ (stating the name of the defendant) having been
admitted to bail in the sum of ____ dollars ($____) (stating the
amount of bail fixed) and ordered to appear in the above-entitled
court on ____, 19__ (stating the date for appearance in court), on
____ (stating only the word "misdemeanor" or the word "felony")
charge/s;
Now, the ____ (stating the name of admitted surety insurer and
state of incorporation) hereby undertakes that the above-named
defendant will appear in the above-named court on the date above set
forth to answer any charge in any accusatory pleading based upon the
acts supporting the complaint filed against him/her and all duly
authorized amendments thereof, in whatever court it may be
prosecuted, and will at all times hold him/herself amenable to the
orders and process of the court and, if convicted, will appear for
pronouncement of judgment or grant of probation or if he/she fails to
perform either of these conditions, that the ____ (stating the name
of admitted surety insurer and state of incorporation) will pay to
the people of the State of California the sum of ____ dollars ($____)
(stating the amount of the undertaking of the admitted surety
insurer).
If the forfeiture of this bond be ordered by the court, judgment
may be summarily made and entered forthwith against the said ____
(stating the name of admitted surety insurer and state of
incorporation) for the amount of its undertaking herein, as provided
by Sections 1305 and 1306 of the California Penal Code.
(Stating the name of admitted surety
insurer and
state of incorporation),
(Signature)
By _____________________________________
Attorney-in-
fact
(Corporate seal)
(Jurat of notary public
or
other officer authorized
to administer oaths.)
1462.2. Except as otherwise provided in the Vehicle Code, the
proper court for the trial of criminal cases amounting to misdemeanor
shall be the superior court of the county within which the offense
charged was committed.
If an action or proceeding is commenced in a court other than the
court herein designated as the proper court for the trial, the action
may, notwithstanding, be tried in the court where commenced, unless
the defendant, at the time of pleading, requests an order
transferring the action or proceeding to the proper court. If after
that request it appears that the action or proceeding was not
commenced in the proper court, the court shall order the action or
proceeding transferred to the proper court. The judge shall, at the
time of arraignment, inform the defendant of the right to be tried in
the county where the offense was committed.
1462.25. (a) A defendant formally charged with a violation of
Vehicle Code Section 14601 in one court ("the first court"), against
whom a formal charge of a violation of Vehicle Code Section 14601 is
pending in one or more other courts, may state in writing his or her
agreement to plead guilty or nolo contendere to some or all of the
charges pending in the other courts, to waive trial or hearing in the
other courts, and to consent to disposition of the case in the first
court. The defendant's agreement is ineffective unless the district
attorney for the other county approves in writing. Upon receipt of
the defendant's agreement and the district attorney's approval, the
clerk of court in the other court shall transfer the pending matter
to the first court, and transmit the papers or certified copies. The
prosecution of each transferred matter shall proceed in the first
court as part of the case pending against the defendant there, but
shall be limited to proceedings upon the defendant's plea of guilty
or nolo contendere, and sentencing or probation. If the defendant
pleads not guilty, the clerk shall retransfer the transferred case to
the court of origin, and the prosecution shall be resumed in that
court. The defendant's statement that the defendant agreed to plead
guilty or nolo contendere shall not be used against the defendant.
(b) The procedure specified in subdivision (a) may be used only if
the defendant is represented by counsel in the other courts, or the
defendant has expressly waived his or her right to counsel in the
other courts.
(c) A defendant may request appointment of counsel in the other
courts by a written request. Upon receiving the defendant's written
request, the other court shall appoint counsel to represent the
defendant if he or she otherwise qualifies for appointed counsel.
(d) The appearance of the defendant in proceedings transferred
pursuant to subdivision (a) shall not commence the running of time
limits under Section 859b, 860, 861, or 1382.
1462.5. Each installment or partial payment of a fine, penalty,
forfeiture or fee shall be prorated among the state and local shares
according to the uniform accounting system established by the State
Controller pursuant to Section 71380 of the Government Code. In cases
subject to Section 1463.18 of the Penal Code, proration shall not
occur until the minimum amounts have been transferred to the
Restitution Fund as provided in that section.
1463. All fines and forfeitures imposed and collected for crimes
shall be distributed in accordance with Section 1463.001.
The following definitions shall apply to terms used in this
chapter:
(a) "Arrest" means any law enforcement action, including issuance
of a notice to appear or notice of violation, which results in a
criminal charge.
(b) "City" includes any city, city and county, district, including
any enterprise special district, community service district, or
community service area engaged in police protection activities as
reported to the Controller for inclusion in the 1989-90 edition of
the Financial Transactions Report Concerning Special Districts under
the heading of Police Protection and Public Safety, authority, or
other local agency (other than a county) which employs persons
authorized to make arrests or to issue notices to appear or notices
of violation which may be filed in court.
(c) "City arrest" means an arrest by an employee of a city, or by
a California Highway Patrol officer within the limits of a city.
(d) "County" means the county in which the arrest took place.
(e) "County arrest" means an arrest by a California Highway Patrol
officer outside the limits of a city, or any arrest by a county
officer or by any other state officer.
(f) "Court" means the superior court or a juvenile forum
established under Section 257 of the Welfare and Institutions Code,
in which the case arising from the arrest is filed.
(g) "Division of moneys" means an allocation of base fine proceeds
between agencies as required by statute, including, but not limited
to, Sections 1463.003, 1463.9, 1463.23, and 1463.26 of this code,
Sections 13001, 13002, and 13003 of the Fish and Game Code, and
Section 11502 of the Health and Safety Code.
(h) "Offense" means any infraction, misdemeanor, or felony, and
any act by a juvenile leading to an order to pay a financial sanction
by reason of the act being defined as an infraction, misdemeanor, or
felony, whether defined in this or any other code, except any
parking offense as defined in subdivision (i).
(i) "Parking offense" means any offense charged pursuant to
Article 3 (commencing with Section 40200) of Chapter 1 of Division 17
of the Vehicle Code, including registration and equipment offenses
included on a notice of parking violation.
(j) "Penalty allocation" means the deposit of a specified part of
moneys to offset designated processing costs, as provided by Section
1463.16 of this code and by Section 68090.8 of the Government Code.
(k) "Total parking penalty" means the total sum to be collected
for a parking offense, whether as fine, forfeiture of bail, or
payment of penalty to the Department of Motor Vehicles (DMV). It may
include the following components:
(1) The base parking penalty as established pursuant to Section
40203.5 of the Vehicle Code.
(2) The DMV fees added upon the placement of a hold pursuant to
Section 40220 of the Vehicle Code.
(3) The surcharges required by Section 76000 of the Government
Code.
(4) The notice penalty added to the base parking penalty when a
notice of delinquent parking violations is given.
(l) "Total fine or forfeiture" means the total sum to be collected
upon a conviction, or the total amount of bail forfeited or
deposited as cash bail subject to forfeiture. It may include, but is
not limited to, the following components as specified for the
particular offense:
(1) The "base fine" upon which the state penalty and additional
county penalty is calculated.
(2) The "county penalty" required by Section 76000 of the
Government Code.
(3) The "DNA penalty" required by Sections 76104.6 and 76104.7 of
the Government Code.
(4) The "emergency medical services penalty" authorized by Section
76000.5 of the Government Code.
(5) The "service charge" permitted by Section 853.7 of the Penal
Code and Section 40508.5 of the Vehicle Code.
(6) The "special penalty" dedicated for blood alcohol analysis,
alcohol program services, traumatic brain injury research, and
similar purposes.
(7) The "state penalty" required by Section 1464.
1463.001. Except as otherwise provided in this section, all fines
and forfeitures imposed and collected for crimes other than parking
offenses resulting from a filing in a court shall as soon as
practicable after receipt thereof, be deposited with the county
treasurer, and each month the total fines and forfeitures which have
accumulated within the past month shall be distributed, as follows:
(a) The state penalties, county penalties, special penalties,
service charges, and penalty allocations shall be transferred to the
proper funds as required by law.
(b) The base fines shall be distributed, as follows:
(1) Any base fines which are subject to specific distribution
under any other section shall be distributed to the specified funds
of the state or local agency.
(2) Base fines resulting from county arrest not included in
paragraph (1), shall be transferred into the proper funds of the
county.
(3) Base fines resulting from city arrests not included in
paragraph (1), an amount equal to the applicable county percentages
set forth in Section 1463.002, as modified by Section 1463.28, shall
be transferred into the proper funds of the county. Until July 1,
1998, the remainder of base fines resulting from city arrests shall
be divided between each city and county, with 50 percent deposited to
the county's general fund, and 50 percent deposited to the treasury
of the appropriate city, and thereafter the remainder of base fines
resulting from city arrests shall be deposited to the treasury of the
appropriate city.
(4) In a county that had an agreement as of March 22, 1977, that
provides for city fines and forfeitures to accrue to the county in
exchange for sales tax receipts, base fines resulting from city
arrests not included in paragraph (1) shall be deposited into the
proper funds of the county.
(c) Each county shall keep a record of its deposits to its
treasury and its transmittal to each city treasury pursuant to this
section.
(d) The distribution specified in subdivision (b) applies to all
funds subject thereto distributed on or after July 1, 1992,
regardless of whether the court has elected to allocate and
distribute funds pursuant to Section 1464.8.
(e) Any amounts remitted to the county from amounts collected by
the Franchise Tax Board upon referral by a county pursuant to Article
6 (commencing with Section 19280) of Chapter 5 of Part 10.2 of
Division 2 of the Revenue and Taxation Code shall be allocated
pursuant to this section.
1463.002. The base fine amounts from city arrests shall be subject
to distribution according to the following schedule:
County and city Percentage
Alameda
Alameda............................... 18
Albany................................ 29
Berkeley.............................. 19
Emeryville............................ 13
Hayward............................... 10
Livermore............................. 7
Oakland............................... 22
Piedmont.............................. 44
Pleasanton............................ 17
San Leandro........................... 9
County percentage..................... 21
Amador
Amador................................ 25
Ione.................................. 25
Jackson............................... 25
Plymouth.............................. 25
Sutter Creek.......................... 25
County percentage..................... 29
Butte
Biggs................................. 75
Chico................................. 22
Gridley............................... 49
Oroville.............................. 9
County percentage..................... 20
Calaveras
Angels................................ 62
County percentage..................... 62
Colusa
Colusa................................ 13
Williams.............................. 17
County percentage..................... 16
Contra Costa
Antioch............................... 11
Brentwood............................. 24
Concord............................... 18
El Cerrito............................ 19
Hercules.............................. 14
Martinez.............................. 22
Pinole................................ 22
Pittsburg............................. 5
Richmond.............................. 14
San Pablo............................. 12
Walnut Creek.......................... 24
County percentage..................... 14
Del Norte
Crescent City......................... 19
County percentage..................... 19
El Dorado
Placerville........................... 14
County percentage..................... 14
Fresno
Clovis................................ 23
Coalinga.............................. 21
Firebaugh............................. 16
Fowler................................ 34
Fresno................................ 26
Huron................................. 24
Kerman................................ 14
Kingsburg............................. 34
Mendota............................... 11
Orange Cove........................... 24
Parlier............................... 21
Reedley............................... 30
Sanger................................ 29
San Joaquin........................... 15
Selma................................. 14
County percentage..................... 24
Glenn
Orland................................ 27
Willows............................... 36
County percentage..................... 32
Humboldt
Arcata................................ 9
Blue Lake............................. 26
Eureka................................ 11
Ferndale.............................. 30
Fortuna............................... 17
Trinidad.............................. 11
County percentage..................... 11
Imperial
Brawley............................... 8
Calexico.............................. 10
Calipatria............................ 30
El Centro............................. 5
Holtville............................. 16
Imperial.............................. 6
Westmorland........................... 12
County percentage..................... 8
Inyo
Bishop................................ 25
County percentage..................... 25
Kern
Bakersfield........................... 10
Delano................................ 13
Maricopa.............................. 36
Shafter............................... 15
Taft.................................. 19
Tehachapi............................. 12
Wasco................................. 28
County percentage..................... 12
Kings
Corcoran.............................. 31
Hanford............................... 21
Lemoore............................... 25
County percentage..................... 25
Lake
Lakeport.............................. 33
County percentage..................... 33
Lassen
Susanville............................ 21
County percentage..................... 21
Los Angeles
Alhambra.............................. 13
Arcadia............................... 11
Avalon................................ 54
Azusa................................. 11
Bell.................................. 11
Beverly Hills......................... 14
Burbank............................... 14
Claremont............................. 5
Compton............................... 16
Covina................................ 11
Culver City........................... 10
El Monte.............................. 11
El Segundo............................ 11
Gardena............................... 22
Glendale.............................. 16
Glendora.............................. 12
Hawthorne............................. 7
Hermosa Beach......................... 14
Huntington Park....................... 12
Inglewood............................. 16
La Verne.............................. 14
Long Beach............................ 14
Los Angeles........................... 8
Lynwood............................... 9
Manhattan Beach....................... 13
Maywood............................... 15
Monrovia.............................. 11
Montebello............................ 11
Monterey Park......................... 11
Palos Verdes Estates.................. 10
Pasadena.............................. 9
Pomona................................ 12
Redondo Beach......................... 15
San Fernando.......................... 17
San Gabriel........................... 16
San Marino............................ 5
Santa Monica.......................... 11
Sierra Madre.......................... 11
Signal Hill........................... 24
South Gate............................ 13
South Pasadena........................ 9
Torrance.............................. 16
Vernon................................ 25
West Covina........................... 11
Whittier.............................. 11
County percentage..................... 11
Madera
Chowchilla............................ 17
Madera................................ 16
County percentage..................... 17
Marin
Belvedere............................. 16
Corte Madera.......................... 12
Fairfax............................... 30
Larkspur.............................. 30
Mill Valley........................... 13
Ross.................................. 18
San Anselmo........................... 11
San Rafael............................ 13
Sausalito............................. 21
County percentage..................... 16
Mendocino
Fort Bragg............................ 19
Point Arena........................... 40
Ukiah................................. 10
Willits............................... 24
County percentage..................... 17
Merced
Atwater............................... 23
Dos Palos............................. 21
Gustine............................... 23
Livingston............................ 14
Los Banos............................. 13
Merced................................ 18
County percentage..................... 18
Modoc
Alturas............................... 42
County percentage..................... 42
Monterey
Carmel................................ 17
Gonzales.............................. 10
Greenfield............................ 13
King City............................. 36
Monterey.............................. 13
Pacific Grove......................... 22
Salinas............................... 36
Soledad............................... 16
County percentage..................... 23
Napa
Calistoga............................. 37
Napa.................................. 11
St. Helena............................ 12
County percentage..................... 14
Nevada
Grass Valley.......................... 7
Nevada City........................... 17
County percentage..................... 9
Orange
County percentage..................... 15
Placer
Auburn................................ 18
Colfax................................ 8
Lincoln............................... 26
Rocklin............................... 16
Roseville............................. 10
County percentage..................... 14
Plumas
Portola............................... 19
County percentage..................... 19
Riverside
Banning............................... 35
Beaumont.............................. 15
Blythe................................ 9
Coachella............................. 12
Corona................................ 12
Elsinore.............................. 10
Hemet................................. 35
Indio................................. 16
Palm Springs.......................... 35
Perris................................ 14
Riverside............................. 16
San Jacinto........................... 41
County percentage..................... 35
Sacramento
Folsom................................ 31
Galt.................................. 25
Isleton............................... 13
North Sacramento...................... 10
Sacramento............................ 21
County percentage..................... 26
San Benito
Hollister............................. 9
San Juan Bautista..................... 28
County percentage..................... 11
San Bernardino
Barstow............................... 23
Chino................................. 14
Colton................................ 21
Fontana............................... 15
Needles............................... 33
Ontario............................... 20
Redlands.............................. 28
Rialto................................ 15
San Bernardino........................ 20
Upland................................ 14
County percentage..................... 20
San Diego
Carlsbad.............................. 8
Chula Vista........................... 23
Coronado.............................. 25
Del Mar............................... 8
El Cajon.............................. 17
Escondido............................. 16
Imperial Beach........................ 8
La Mesa............................... 23
Lemon Grove........................... 8
National City......................... 14
Oceanside............................. 15
San Marcos............................ 8
Vista................................. 8
San Diego............................. 6
County percentage..................... 25
San Joaquin
Lodi.................................. 18
Manteca............................... 8
Ripon................................. 11
Stockton.............................. 14
Tracy................................. 15
County percentage..................... 14
San Luis Obispo
Arroyo Grande......................... 9
Paso Robles........................... 26
Pismo Beach........................... 8
San Luis Obispo....................... 21
County percentage..................... 16
San Mateo
Atherton.............................. 27
Belmont............................... 7
Burlingame............................ 38
Colma................................. 40
Daly City............................. 24
Hillsborough.......................... 75
Menlo Park............................ 12
Millbrae.............................. 16
Redwood City.......................... 27
San Bruno............................. 13
San Carlos............................ 8
San Mateo............................. 42
South San Francisco................... 12
County percentage..................... 21
Santa Barbara
Guadalupe............................. 28
Lompoc................................ 16
Santa Barbara......................... 11
Santa Maria........................... 12
County percentage..................... 13
Santa Clara
Alviso................................ 75
Campbell.............................. 16
Gilroy................................ 28
Los Altos............................. 16
Los Gatos............................. 30
Morgan Hill........................... 11
Mountain View......................... 13
Palo Alto............................. 21
San Jose.............................. 13
Santa Clara........................... 16
Sunnyvale............................. 26
County percentage..................... 16
Santa Cruz
Capitola.............................. 21
Santa Cruz............................ 23
Watsonville........................... 21
County percentage..................... 22
Shasta
Redding............................... 22
County percentage..................... 22
Sierra
Loyalton.............................. 75
County percentage..................... 75
Siskiyou
Dorris................................ 18
Dunsmuir.............................. 29
Etna.................................. 18
Fort Jones............................ 46
Montague.............................. 75
Mount Shasta.......................... 37
Tulelake.............................. 33
Yreka................................. 30
County percentage..................... 29
Solano
Benicia............................... 17
Dixon................................. 18
Fairfield............................. 18
Rio Vista............................. 19
Suisun................................ 7
Vacaville............................. 15
Vallejo............................... 18
County percentage..................... 19
Sonoma
Cloverdale............................ 40
Cotati................................ 40
Healdsburg............................ 40
Petaluma.............................. 24
Rohnert Park.......................... 40
Santa Rosa............................ 40
Sebastopol............................ 40
Sonoma................................ 40
County percentage..................... 40
Stanislaus
Ceres................................. 14
Modesto............................... 15
Newman................................ 10
Oakdale............................... 15
Patterson............................. 20
Riverbank............................. 18
Turlock............................... 19
County percentage..................... 15
Sutter
Live Oak.............................. 17
Yuba City............................. 17
County percentage..................... 17
Tehama
Corning............................... 26
Red Bluff............................. 39
Tehama................................ 10
County percentage..................... 31
Tulare
Dinuba................................ 21
Exeter................................ 23
Lindsay............................... 24
Porterville........................... 26
Tulare................................ 20
Visalia............................... 17
Woodlake.............................. 15
County percentage..................... 21
Tuolumne
Sonora................................ 23
County percentage..................... 23
Ventura
Fillmore.............................. 16
Ojai.................................. 16
Oxnard................................ 16
Port Hueneme.......................... 16
Santa Paula........................... 16
Ventura............................... 16
County percentage..................... 16
Yolo
Davis................................. 22
Winters............................... 19
Woodland.............................. 20
County percentage..................... 20
Yuba
Marysville............................ 15
Wheatland............................. 38
County percentage..................... 15
With respect to any city arrest from a city which is not set forth
in the above schedule, the county percentage shall apply. A county
and city therein may, by mutual agreement, adjust these percentages.
Where a county and a city have, prior to June 1, 1991, entered into
an agreement to adjust the percentage specified in this section, or
where a county and a city have entered into an agreement governing
the distribution of revenue from parking penalties, those agreements
shall remain in full force and effect until changed by mutual
agreement.
1463.004. (a) If a sentencing judge specifies only the total fine
or forfeiture, or if an automated case-processing system requires it,
percentage calculations may be employed to establish the components
of total fines or forfeitures, provided that the aggregate monthly
distributions resulting from the calculations are the same as would
be produced by strict observance of the statutory distributions.
(b) If a fund would receive less than one hundred dollars ($100)
in monthly distributions of total fines and forfeitures by a
particular court for at least 11 months of each year, the court may
omit that fund from the system for calculating distributions, and
shall instead apply the distribution provided for by Section
1463.001.
1463.005. Notwithstanding Section 1463.001, in a county subject to
Section 77202.5 of the Government Code, of base fines resulting from
arrests not subject to allocation under paragraph (1) of subdivision
(b) of Section 1463.001, by a California Highway Patrol Officer on
state highways constructed as freeways within the city whereon city
police officers enforced the provisions of the Vehicle Code on April
1, 1965, 25 percent shall be deposited in the treasury of the
appropriate city, 75 percent shall be deposited in the proper funds
of the county.
1463.006. Any money deposited with the court or with the clerk
thereof which, by order of the court or for any other reason, should
be returned, in whole or in part, to any person, or which is by law
payable to the state or to any other public agency, shall be paid to
that person or to the state or to the other public agency by warrant
of the county auditor, which shall be drawn upon the requisition of
the clerk of the court.
All money deposited as bail which has not been claimed within one
year after the final disposition of the case in which the money was
deposited, or within one year after an order made by the court for
the return or delivery of the money to any person, shall be
apportioned between the city and the county and paid or transferred
in the manner provided by statute for the apportionment and payment
of fines and forfeitures. This paragraph controls over any
conflicting provisions of law.
1463.007. Notwithstanding any other provision of law, any county or
court that implements or has implemented a comprehensive program to
identify and collect delinquent fees, fines, forfeitures, penalties,
and assessments, including, but not limited to, public defender fees,
with or without a warrant having been issued against the alleged
violator, if the base fees, fines, forfeitures, penalties, and
assessments are delinquent, may deduct and deposit in the county
treasury or in the trial court operations fund the cost of operating
that program, excluding capital expenditures, from any revenues
collected thereby prior to making any distribution of revenues to
other governmental entities required by any other provision of law.
Any county or court may establish a minimum base fee, fine,
forfeiture, penalty, or assessment amount for inclusion in the
program. This section applies to costs incurred by a court or a
county on or after June 30, 1997, and prior to the implementation of
a time payments agreement, and shall supersede any prior law to the
contrary. This section does not apply to a defendant who is paying
fees, fines, forfeitures, penalties, or assessments through time
payments, unless he or she is delinquent in making payments according
to the agreed-upon payment schedule. For purposes of this section, a
comprehensive collection program is a separate and distinct revenue
collection activity and shall include at least 10 of the following
components:
(a) Monthly bill or account statements to all debtors.
(b) Telephone contact with delinquent debtors to apprise them of
their failure to meet payment obligations.
(c) Issuance of warning letters to advise delinquent debtors of an
outstanding obligation.
(d) Requests for credit reports to assist in locating delinquent
debtors.
(e) Access to Employment Development Department employment and
wage information.
(f) The generation of monthly delinquent reports.
(g) Participation in the Franchise Tax Board's Interagency
Intercept Collections Program.
(h) The use of Department of Motor Vehicle information to locate
delinquent debtors.
(i) The use of wage and bank account garnishments.
(j) The imposition of liens on real property and proceeds from the
sale of real property held by a title company.
(k) The filing of a claim or the filing of objections to the
inclusion of outstanding fines and forfeitures in bankruptcy
proceedings.
(l) Coordination with the probation department to locate debtors
who may be on formal or informal probation.
(m) The initiation of driver's license suspension actions where
appropriate.
(n) The capability to accept credit card payments.
(o) Participation in the Franchise Tax Board's Court-Ordered Debt
Collections Program.
(p) Contracting with one or more private debt collectors.
(q) The use of local, regional, state, or national skip tracing or
locator resources or services to locate delinquent debtors.
(r) This section shall become inoperative on July 1, 2012, and, as
of January 1, 2013, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2013, deletes or
extends the dates on which it becomes inoperative and is repealed.
1463.007. (a) Notwithstanding any other provision of law, any
county or court that operates a comprehensive collection program may
deduct the costs of operating that program, excluding capital
expenditures, from any revenues collected under that program. The
costs shall be deducted before any distribution of revenues to other
governmental entities required by any other provision of law. Any
county or court operating a comprehensive collection program may
establish a minimum base fee, fine, forfeiture, penalty, or
assessment amount for inclusion in the program.
(b) Once debt becomes delinquent, it continues to be delinquent
and may be subject to collection by a comprehensive collection
program. Debt is delinquent and subject to collection by a
comprehensive collection program if any of the following conditions
is met:
(1) A defendant does not post bail or appear on or before the date
on which he or she promised to appear, or any lawful continuance of
that date, if that defendant was eligible to post and forfeit bail.
(2) A defendant does not pay the amount imposed by the court on or
before the date ordered by the court, or any lawful continuance of
that date.
(3) A defendant has failed to make an installment payment on the
date specified by the court.
(c) For the purposes of this section, a "comprehensive collection
program" is a separate and distinct revenue collection activity that
meets each of the following criteria:
(1) The program identifies and collects amounts arising from
delinquent court-ordered debt, whether or not a warrant has been
issued against the alleged violator.
(2) The program complies with the requirements of subdivision (b)
of Section 1463.010.
(3) The program engages in each of the following activities:
(A) Attempts telephone contact with delinquent debtors for whom
the program has a phone number to inform them of their delinquent
status and payment options.
(B) Notifies delinquent debtors for whom the program has an
address in writing of their outstanding obligation within 95 days of
delinquency.
(C) Generates internal monthly reports to track collections data,
such as age of debt and delinquent amounts outstanding.
(D) Uses Department of Motor Vehicles information to locate
delinquent debtors.
(E) Accepts payment of delinquent debt by credit card.
(4) The program engages in at least five of the following
activities:
(A) Sends delinquent debt to the Franchise Tax Board's
Court-Ordered Debt Collections Program.
(B) Sends delinquent debt to the Franchise Tax Board's Interagency
Intercept Collections Program.
(C) Initiates driver's license suspension or hold actions when
appropriate.
(D) Contracts with one or more private debt collectors to collect
delinquent debt.
(E) Sends monthly bills or account statements to all delinquent
debtors.
(F) Contracts with local, regional, state, or national skip
tracing or locator resources or services to locate delinquent
debtors.
(G) Coordinates with the probation department to locate debtors
who may be on formal or informal probation.
(H) Uses Employment Development Department employment and wage
information to collect delinquent debt.
(I) Establishes wage and bank account garnishments where
appropriate.
(J) Places liens on real property owned by delinquent debtors when
appropriate.
(K) Uses an automated dialer or automatic call distribution system
to manage telephone calls.
(d) This section shall become operative on July 1, 2012.
1463.009. Notwithstanding Section 1463, all bail forfeitures that
are collected from any source in a case in which a defendant is
charged and convicted of a violation of Section 261, 264.1, 286, 288,
288a, 288.5, or 289, or of a violent felony as defined in
subdivision (c) of Section 667.5 or a serious felony as defined in
subdivision (c) of Section 1192.7, and that are required to be
deposited with the county treasurer shall be allocated according to
the following priority:
(a) The county shall be reimbursed for reasonable administrative
costs for the collection of the forfeited property, the maintenance
and preservation of the property, and the distribution of the
property pursuant to this section.
(b) Out of the remainder of the forfeited bail money, a total of
up to 50 percent shall be distributed in the amount necessary to
satisfy any civil court judgment in favor of a victim as a result of
the offense or a restitution order due to a criminal conviction to a
victim who was under 18 years of age at the time of the commission of
the offense if the defendant is convicted under Section 261, 264.1,
286, 288, 288a, 288.5, or 289, and to a victim of any age if the
defendant has been convicted of a violent felony as defined in
subdivision (c) of Section 667.5 or a serious felony as defined in
subdivision (c) of Section 1192.7.
(c) The balance of the amount collected shall be deposited
pursuant to Section 1463.
1463.010. The uniform imposition and enforcement of court-ordered
debts are recognized as an important element of California's judicial
system. Prompt, efficient, and effective imposition and collection
of court-ordered fees, fines, forfeitures, penalties, restitution,
and assessments ensure the appropriate respect for court orders. The
California State Association of Counties and the Administrative
Office of the Courts are jointly committed to identifying, improving,
and seeking to expand access to mechanisms and tools that will
enhance efforts to collect court-ordered debt. To provide for this
prompt, efficient, and effective collection:
(a) The Judicial Council shall adopt guidelines for a
comprehensive program concerning the collection of moneys owed for
fees, fines, forfeitures, penalties, and assessments imposed by court
order. As part of its guidelines, the Judicial Council may establish
standard agreements for entities to provide collection services. As
part of its guidelines, the Judicial Council shall include provisions
that promote competition by and between entities in providing
collection services to courts and counties. The Judicial Council may
delegate to the Administrative Director of the Courts the
implementation of the aspects of this program to be carried out at
the state level.
(b) The courts and counties shall maintain the collection program
that was in place on January 1, 1996, unless otherwise agreed to in
writing by the court and county. The program may wholly or partially
be staffed and operated within the court itself, may be wholly or
partially staffed and operated by the county, or may be wholly or
partially contracted with a third party. In carrying out this
collection program, each superior court and county shall develop a
cooperative plan to implement the Judicial Council guidelines. In the
event that a court and a county are unwilling or unable to enter
into a cooperative plan pursuant to this section, prior to the
arbitration procedures required by subdivision (e) of Section 1214.1,
the court or the county may request the continuation of negotiations
with mediation assistance as mutually agreed upon and provided by
the Administrative Director of the Courts and the California State
Association of Counties.
(c) The Judicial Council shall develop performance measures and
benchmarks to review the effectiveness of the cooperative superior
court and county collection programs operating pursuant to this
section. Each superior court and county shall jointly report to the
Judicial Council, as provided by the Judicial Council, information
requested in a reporting template on or before September 1, 2009, and
annually thereafter. The Judicial Council shall report to the
Legislature on December 31, 2009, and annually thereafter, on all of
the following:
(1) The extent to which each court or county is following best
practices for its collection program.
(2) The performance of each collection program.
(3) Any changes necessary to improve performance of collection
programs statewide.
(d) The Judicial Council may, when the efficiency and
effectiveness of the collection process may be improved, facilitate a
joint collection program between superior courts, between counties,
or between superior courts and counties.
(e) The Judicial Council may establish, by court rule, a program
providing for the suspension and nonrenewal of a business and
professional license if the holder of the license has unpaid fees,
fines, forfeitures, penalties, and assessments imposed upon them
under a court order. The Judicial Council may provide that some or
all of the superior courts or counties participate in the program.
Any program established by the Judicial Council shall ensure that the
licensee receives adequate and appropriate notice of the proposed
suspension or nonrenewal of his or her license and has an opportunity
to contest the suspension or nonrenewal. The opportunity to contest
may not require a court hearing.
(f) Notwithstanding any other provision of law, the Judicial
Council, after consultation with the Franchise Tax Board with respect
to collections under Section 19280 of the Revenue and Taxation Code,
may provide for an amnesty program involving the collection of
outstanding fees, fines, forfeitures, penalties, and assessments,
applicable either statewide or within one or more counties. The
amnesty program shall provide that some or all of the interest or
collections costs imposed on outstanding fees, fines, forfeitures,
penalties, and assessments may be waived if the remaining amounts due
are paid within the amnesty period.
1463.02. (a) On or before June 30, 2011, the Judicial Council shall
establish a task force to evaluate criminal and traffic-related
court-ordered debts imposed against adult and juvenile offenders. The
task force shall be comprised of the following members:
(1) Two members appointed by the California State Association of
Counties.
(2) Two members appointed by the League of California Cities.
(3) Two court executives, two judges, and two Administrative
Office of the Courts employees appointed by the Judicial Council.
(4) One member appointed by the Controller.
(5) One member appointed by the Franchise Tax Board.
(6) One member appointed by the California Victim Compensation and
Government Claims Board.
(7) One member appointed by the Department of Corrections and
Rehabilitation.
(8) One member appointed by the Department of Finance.
(9) One member appointed by each house of the Legislature.
(10) A county public defender and a city attorney appointed by the
Speaker of the Assembly.
(11) A defense attorney in private practice and a district
attorney appointed by the Senate Committee on Rules.
(b) The Judicial Council shall designate a chairperson for the
task force. The task force shall, among other duties, do all of the
following:
(1) Identify all criminal and traffic-related court-ordered fees,
fines, forfeitures, penalties, and assessments imposed under law.
(2) Identify the distribution of revenue derived from those debts
and the expenditures made by those entities that benefit from the
revenues.
(3) Consult with state and local entities that would be affected
by a simplification and consolidation of criminal and traffic-related
court-ordered debts.
(4) Evaluate and make recommendations to the Judicial Council and
the Legislature for consolidating and simplifying the imposition of
criminal and traffic-related court-ordered debts and the distribution
of the revenue derived from those debts with the goal of improving
the process for those entities that benefit from the revenues, and
recommendations, if any, for adjustment to the court-ordered debts.
(c) The task force also shall document recent annual revenues from
the various penalty assessments and surcharges and, to the extent
feasible, evaluate the extent to which the amount of each penalty
assessment and surcharge impacts total annual revenues, imposition of
criminal sentences, and the actual amounts assessed.
(d) The task force also shall evaluate and make recommendations to
the Judicial Council and the Legislature on or before June 30, 2011,
regarding the priority in which court-ordered debts should be
satisfied and the use of comprehensive collection programs authorized
pursuant to Section 1463.007, including associated cost-recovery
practices.
1463.04. Notwithstanding Section 1463, out of the moneys deposited
with the county treasurer pursuant to Section 1463, there shall be
transferred once a month into the State Treasury to the credit of the
Winter Recreation Fund an amount equal to 50 percent of all fines
and forfeitures collected during the preceding month upon conviction
or upon the forfeiture of bail from any person of any violation of
Section 5091.15 of the Public Resources Code, and an amount equal to
the remaining 50 percent shall be transferred to the county general
fund and deposited in a special account which shall be used
exclusively to pay for the cost of furthering the purposes of the
California SNO-PARK Permit Program, including, but not limited to,
the snow removal, maintenance, and development of designated parking
areas.
1463.07. 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.
1463.1. Notwithstanding any other provisions of law except Section
77009 of the Government Code, any trial court may elect, with prior
approval of the Administrative Director of the Courts, to deposit in
a bank account pursuant to Section 53679 of the Government Code, all
moneys deposited as bail with the court, or with the clerk thereof.
All moneys received and disbursed through the bank account shall
be properly and uniformly accounted for under any procedures the
Controller may deem necessary. The Judicial Council may regulate the
bank accounts, provided that its regulations are not inconsistent
with those of the Controller.
1463.5. The distribution of funds required pursuant to Section
1463, and the distribution of assessments imposed and collected under
Section 1464 and Section 42006 of the Vehicle Code, may be
determined and made upon the basis of probability sampling. The
sampling shall be procedural in nature and shall not substantively
modify the distributions required pursuant to Sections 1463 and 1464
and Section 42006 of the Vehicle Code. The procedure for the sampling
shall be prescribed by the county auditor and the procedure and its
implementation shall be approved by the board of supervisors and a
majority of the cities within a county. The reasonableness of the
distribution shall be verified during the audit performed pursuant to
Section 71383 of the Government Code.
1463.7. Funds transferred to the Regents of the University of
California pursuant to Section 1462.3 may not be utilized to purchase
land or to construct any parking facility. These funds shall be
utilized for the development, enhancement, and operation of alternate
methods of transportation of students and employees of the
University of California and for the mitigation of the impact of
off-campus student and employee parking in university communities.
1463.9. Notwithstanding the provisions of Section 1463, 50 percent
of all fines and forfeitures collected upon conviction, or upon
forfeiture of bail, for violations of Section 13002 of the Health and
Safety Code, Sections 23111 and 23112, and subdivision (a) of
Section 23113 of the Vehicle Code, and Section 374.3 of this code
shall be kept separate and apart from any other fines and
forfeitures. These fines and forfeitures shall, as soon as
practicable after their receipt, be deposited with the county
treasurer of the county in which the court is situated and shall be
distributed as prescribed in Section 1463, except that the money
distributed to any county or city shall be expended only for litter
cleanup activities within that city or county.
1463.10. Notwithstanding Section 1463, fines and forfeitures which
are collected for a conviction of a violation of Section 11366.7 of
the Health and Safety Code and which are required to be deposited
with the county treasurer pursuant to Section 1463 shall be allocated
as follows:
(a) To reimburse any local agency for the reasonable costs of the
removal and disposal, or storage, of any chemical or drug, or any
laboratory apparatus or device, sold by a person convicted under
Section 11366.7 of the Health and Safety Code.
(b) The balance of the amount collected, if any, shall be
deposited by the county treasurer pursuant to Section 1463.
1463.11. Notwithstanding Sections 1463 and 1464 of this code and
Section 76000 of the Government Code, moneys that are collected for a
violation of subdivision (a) or (c) of Section 21453 of, subdivision
(c) of Section 21454 of, or subdivision (a) of Section 21457 of, the
Vehicle Code, and which are required to be deposited with the county
treasurer pursuant to Section 1463 of this code shall be allocated
as follows:
(a) The first 30 percent of the amount collected shall be
allocated to the general fund of the city or county in which the
offense occurred.
(b) The balance of the amount collected shall be deposited by the
county treasurer under Sections 1463 and 1464.
1463.12. Notwithstanding Sections 1463 and 1464 of this code and
Section 76000 of the Government Code, moneys that are collected for a
violation of subdivision (c) of Section 21752 or Section 22450 of
the Vehicle Code, involving railroad grade crossings, or Section
22451, 22452, or subdivision (c) of Section 22526 of the Vehicle
Code, and that are required to be deposited with the county treasurer
pursuant to Section 1463 of this code shall be allocated as follows:
(a) If the offense occurred in an area where a transit district or
transportation commission or authority established under Division 12
(commencing with Section 130000) of the Public Utilities Code
provides rail transportation, the first 30 percent of the amount
collected shall be allocated to the general fund of that transit
district or transportation commission or authority to be used only
for public safety and public education purposes relating to railroad
grade crossings.
(b) If there is no transit district or transportation commission
or authority providing rail transportation in the area where the
offense occurred, the first 30 percent of the amount collected shall
be allocated to the general fund of the county in which the offense
occurred, to be used only for public safety and public education
purposes relating to railroad grade crossings.
(c) The balance of the amount collected shall be deposited by the
county treasurer under Section 1463.
(d) A transit district, transportation commission or authority, or
a county that is allocated funds pursuant to subdivision (a) or (b)
shall provide public safety and public education relating to railroad
grade crossings only to the extent that those purposes are funded by
the allocations provided pursuant to subdivision (a) or (b).
1463.13. (a) Each county may develop, implement, operate, and
administer an alcohol and drug problem assessment program for persons
convicted of a crime in which the court finds that alcohol or
substance abuse was substantially involved in the commission of the
crime. This program may be operated in coordination with the program
developed under Article 6 (commencing with Section 23645) of Chapter
4 of Division 11.5 of the Vehicle Code.
(1) A portion of any program established pursuant to this section
shall include a face-to-face interview with each program participant.
(2) No person convicted of driving under the influence of alcohol
or a controlled substance or a related offense shall participate in
any program established pursuant to this section.
(b) An alcohol and drug problem assessment report shall be made on
each person who participates in the program. The report may be used
to determine the appropriate sentence for the person. The report
shall be submitted to the court within 14 days of the completion of
the assessment.
(c) In any county in which the county operates an alcohol and drug
problem assessment program under this section, a court may order any
person convicted of a crime that inv
