Proceedings in Misdemeanor and Infraction Cases and Appeals From Such CasesProceedings in Misdemeanor and Infraction Cases
Section § 1427
This law explains the procedure a judge in California must follow to issue an arrest warrant in misdemeanor or infraction cases. If a judge believes an offense has been committed and the accused is likely responsible, they will issue a warrant instructing law enforcement to arrest the defendant and bring them to court. The form and process for the warrant must follow legal standards.
For offenses involving corporations, a summons is issued instead of an arrest warrant. If the violation involves the Vehicle Code, the summons can be mailed. Corporations can appear in court via an executive or legal representative to enter a plea. If the corporation doesn't appear, a not guilty plea is automatically entered, and the case proceeds as usual.
Section § 1428
This law allows the clerk of the superior court to maintain a docket for misdemeanor and infraction cases instead of traditional court minutes or a register of actions. The docket records the title of each case and all related orders and proceedings, which is considered sufficient for official documentation.
Section § 1428.5
In California, courts can handle certain non-serious cases, called infractions, like traffic tickets, using remote technology for things like hearings and trials. However, they need the defendant's permission to do this. The court can still insist on having someone in person if needed. This rule doesn’t apply to more serious crimes, like misdemeanors and felonies. The courts might create specific rules to make this process work smoothly.
Section § 1429
In minor criminal cases, a defendant can enter a plea personally or through their lawyer. If the defendant pleads guilty, the court can investigate the situation further by questioning witnesses. If the investigation reveals that a more serious crime might have been committed than originally charged, the court has the authority to require the defendant to stay in jail or post bail while waiting for potential new charges from a grand jury or another complaint for the more serious crime.
Section § 1445
If someone is found guilty or admits guilt in a criminal case, the court must decide and announce the punishment, which can include a fine, imprisonment, or both.
Section § 1447
If someone is found not guilty in a minor crime or violation case, and the court officially notes that the prosecution was done with bad intentions and without a good reason, the court can make the person who filed the complaint cover the court costs or promise to pay within 30 days after the trial.
Section § 1448
If the person who filed the complaint doesn't pay the costs involved or provide a guarantee to pay, the court can issue a judgment against them for those costs. This judgment can be collected like any other money judgment.
Section § 1449
When someone is found guilty or pleads guilty in a minor criminal case in California, the court sets a time to announce the punishment. This must be at least six hours and no more than five days after the guilty verdict or plea unless the defendant agrees to a shorter period. The court may extend this time for up to 10 days if a new trial is being considered, or up to 20 days if probation is an option. The defendant or probation officer can ask for an additional 90 days if needed. If the defendant is suspected of being insane, the court can delay the sentencing and keep the defendant in custody while the insanity is evaluated.
If the defendant is a veteran discharged for mental health reasons, the court must refer the case to a probation officer, who will gather and present the veteran's military medical history and recommendations about probation.
Section § 1457
If a person has paid their fine and is not being held for any other reason, the officer must release them and then give the fine money to the court that issued the judgment.
Section § 1458
This section explains how bail works for misdemeanor or infraction cases. After being arrested but before being convicted, a defendant can be granted bail. The bail agreement is essentially a promise that the defendant will show up for court appearances and obey court orders. If the defendant doesn't comply, those who posted bail agree to pay the set bail amount. If the court orders the bail to be forfeited, a quick judgment can be made against those who backed the bail to recover the specified amount.
Section § 1459
This section describes the form and conditions of a bail bond when issued by a surety insurer. It includes details about the court, defendant, bail amount, and charges. The insurer promises that the defendant will attend court and comply with all legal requirements. If the defendant fails to appear or follow court orders, the insurer agrees to pay the stated bail amount to the state. A court can quickly enforce this payment under specific legal procedures.
state of incorporation),
(Corporate seal)
other officer authorized
to administer oaths.)
Section § 1462.2
This law states that misdemeanor criminal cases should typically be tried in the superior court of the county where the crime happened, unless the Vehicle Code says otherwise.
If a case starts in a different court by mistake, it can still be tried there unless the defendant asks to move it to the right court when they first enter a plea. The judge must tell the defendant during their first court appearance that they have the right to be tried in the county where the crime was committed.
Section § 1462.5
When someone makes a partial payment for a fine, fee, or penalty, the money is divided between state and local government parts based on specific rules. However, for some cases, like those involving restitution, a certain amount must first go to the Restitution Fund before any money is split up.
Section § 1462.25
This California law allows a defendant charged with driving on a suspended license under Vehicle Code Section 14601 to consolidate multiple charges across different courts into one court. The defendant can agree in writing to plead guilty or no contest in one court, but this must be approved by the prosecutor from the other jurisdictions. This means the case will be handled in one court for purposes of a guilty plea or sentencing, simplifying the legal process.
The law requires that the defendant either has a lawyer in the other courts or has waived their right to legal representation. If needed, the defendant can request a lawyer's appointment in those courts. The defendant's court appearances in the first court do not affect certain legal time limits. If the defendant changes their plea to not guilty, the original court resumes handling the case.
Section § 1463
Section § 1463.001
This section explains how fines and forfeitures for crimes (excluding parking offenses) collected by courts should be handled. After collection, they have to be quickly deposited with the county treasurer. The penalties and fees are distributed according to state law to various funds, while base fines are divided based on where the arrest occurred.
For example, fines resulting from county arrests go into county funds, while fines from city arrests are split between the city and county, with modifications for certain grandfathered agreements. Counties must keep records of these distributions, and rules apply to both current and past funds.
Section § 1463.1
This law allows trial courts in California to deposit bail money in a bank account, but they need approval from the Administrative Director of the Courts first. They must follow specific accounting procedures set by the Controller. The Judicial Council can regulate these bank accounts as long as their rules align with the Controller's requirements.
Section § 1463.002
This law section outlines how base fine amounts collected from city arrests should be distributed among cities and counties in California. It provides a specific percentage allocation for each city within various counties, as well as the percentage that the overarching county gets. If a city isn't on the list, the county percentage applies by default. These distributions can be adjusted through mutual agreements between a city and county. Additionally, existing agreements (prior to 1991) concerning distribution of fines or parking penalties remain valid until the involved parties decide to change them.
Section § 1463.02
This law called for the creation of a task force by June 30, 2011, to evaluate debts related to criminal and traffic court orders for both adults and juveniles. The task force includes a variety of appointed members, like judges, city officials, and attorneys. Specifically, the group examines the different fees, fines, penalties, and other monetary obligations imposed by courts. They are tasked with understanding how the collected debt contributes to state revenues and exploring how these systems could be simplified and improved. The task force is also expected to document and assess how penalty assessments affect overall revenue and make recommendations about the priority of debt payments and effective collection methods. This is all part of an effort to streamline the management and enforcement of these debts.
Section § 1463.004
This law allows for percentage calculations to break down total fines or forfeitures when only a total amount is specified by a judge or required by an automated system. This is acceptable as long as the total distribution matches what would occur if statutory rules were strictly followed.
Additionally, if a court would distribute less than $100 per month to a particular fund for 11 months each year, it may choose not to include that fund in its distribution calculations, using a different distribution system specified in another section instead.
Section § 1463.04
This law specifies how fines collected from violations of winter recreation laws are divided. Each month, half of the money from fines and forfeitures goes to the State Treasury for the Winter Recreation Fund. The other half goes to a county fund to support the California SNO-PARK Permit Program. This includes paying for snow removal, maintenance, and developing parking areas for winter recreation.
Section § 1463.005
This law outlines how the base fines from certain California Highway Patrol arrests on state highways in specified cities are to be distributed. If a county is covered under Section 77202.5 and the fines aren't allocated according to another specific rule, then 25% of the fines go to the city's treasury, and 75% go to the county's funds. This applies to highways where city police enforced vehicle laws as of April 1, 1965.
Section § 1463.006
This law explains what happens to money deposited with the court, such as bail, which needs to be returned to someone or paid to the state or another public agency. If the money should be returned to a person or paid to the state or agency, the county auditor issues a warrant for its payment based on the court clerk's request.
If deposited bail money isn't claimed within a year of the case's final resolution, or a court's order to return it, the money will be divided between the city and county as fines and forfeitures normally are. This provision takes precedence over any conflicting laws.
Section § 1463.007
This law allows counties or courts in California to run a comprehensive program to collect unpaid debts like fines or fees from court cases. The costs of running the program, excluding big expenses like buying buildings, can be deducted from the money collected. When debts are overdue, they remain so until collected, and different steps can be used to gather what’s owed, such as calling or writing letters to debtors, using DMV info, and accepting credit card payments.
If someone fails to appear in court, doesn't pay fines or installments on time, their debt is considered delinquent and can be added to this program. The program must meet specific criteria, like collecting debts even without a warrant, and it should engage in several debt collection actions like sending debts to the Franchise Tax Board or suspending driver's licenses for non-appearance.
The program can also manage payment plans for debts that aren't yet overdue, charging no more than $35 per plan.
Section § 1463.7
This law states that any money given to the University of California from a specific fund cannot be used to buy land or build parking lots. Instead, this money should be spent on improving public transportation options for students and staff and reducing the negative effects of off-campus parking in areas near university campuses.
Section § 1463.009
This law explains how bail forfeitures are handled when a defendant is convicted of certain serious crimes, like sexual offenses or violent felonies. When bail is forfeited, the money collected goes first to cover the county's costs for managing and distributing this money. Next, up to 50% of the remaining funds can be used to pay any civil judgments or restitution to victims, especially if the victim was under 18 at the time of the crime. Lastly, the rest of the money is allocated according to Section 1463.
Section § 1463.9
This law specifies that half of the money from fines related to certain littering and pollution violations must be separated and sent to the county treasurer where the court resides. The funds are then distributed as usual, but the county or city receiving the money must use it exclusively for litter cleanup efforts in their area.
Section § 1463.010
This law emphasizes the importance of collecting court-ordered debts like fees, fines, and penalties efficiently and effectively in California. It empowers the Judicial Council to create guidelines for debt collection programs, which promote competition among service providers and may involve state-level administration. The courts and counties must follow pre-existing collection programs unless changes are agreed upon. They are required to work together to implement Judicial Council guidelines with support for mediation if needed.
The law establishes that performance measures will be developed to assess these programs' success, and annual reports must be sent to the Legislature and other authorities. Additionally, the Judicial Council can set up systems to suspend licenses if debts remain unpaid, ensuring debtors are notified and can contest the suspension outside of court. The Judicial Council is also allowed to run amnesty programs to encourage debt settlement by waiving some fees if debts are paid during a designated period.
Section § 1463.10
This law specifies how money collected from fines for violations of drug-related equipment sales (under Health and Safety Code Section 11366.7) should be used. First, the funds should cover the costs for the local government to remove, dispose, or store any related chemicals or lab equipment. Any leftover money goes to the county treasurer for general purposes.
Section § 1463.011
This California law states that if a court learns someone under 25 years old, cited for offenses like truancy or curfew violations, is homeless or without a permanent address, it cannot garnish their wages or take money from their bank until they turn 25. A person is considered homeless if they lack a stable nighttime residence, staying in shelters, institutions, or places not meant for sleeping.
Courts can still use other legal methods to collect debts and aren't required to do more financial checks than usual. If later evidence shows the person is no longer homeless, wage garnishment can proceed.
Section § 1463.11
This law specifies how the money collected from certain traffic violations should be distributed. Specifically, for violations related to running red lights or not following traffic signals, 30% of the collected fines go to the general fund of the city or county where the violation happened. The remaining 70% is managed by the county treasurer as outlined in other sections of the law.
Section § 1463.012
This law states that if a court learns during its collection process that an individual cited for loitering, curfew violations, or illegal lodging is a homeless military veteran, the court cannot garnish their wages or seize their bank accounts for five years from obtaining such information. Homelessness is defined as lacking a regular nighttime residence or staying in temporary shelters or places not meant for sleeping. The law doesn't restrict other lawful debt collection activities and doesn't require courts to do additional investigations beyond their normal duties.
Additionally, the law doesn't stop the Judicial Council from changing collection program recommendations. If the court later discovers that the person is no longer homeless, it can then proceed with garnishing wages or bank accounts, especially if previous suspensions were applied due to homelessness status.
Section § 1463.12
This law explains how money collected from fines for certain traffic violations at railroad crossings is distributed. If the violation happened in an area with a rail service provider, 30% of the fines collected go to the transit authority's general fund to be used for public safety and education about railroad crossings. If there isn't a rail service provider, this 30% goes to the county's general fund for the same purposes. The rest of the money follows the normal deposit process with the county treasurer. These funds must specifically be used for safety and education regarding railroad crossings.
Section § 1463.13
This law allows counties to create and run programs to assess alcohol and drug issues for people convicted of crimes where substance abuse played a significant role. These programs include face-to-face interviews except for those convicted of driving under the influence. A report from these assessments helps determine suitable sentencing and must be given to the court within two weeks after completion. Courts may require offenders to join this program and add a fee of up to $150 to their fines if the county supports the program by a local resolution. The court assesses the offender's ability to pay any fees. Funding from these fees supports the program's costs, and any leftover funds go to the county's general fund annually.
Section § 1463.14
This law section states that for certain Vehicle Code violations involving alcohol or drugs, a $50 portion of each fine is placed into a special account. This money is used to cover costs for testing blood, breath, or urine for substances. Each year, any unused funds are transferred to the county's general fund, with some retained for administrative costs. If the account runs out, the public entity requesting the test must cover costs.
Counties can add extra penalties up to $50 to cover testing costs for defendants convicted of certain violations if they can afford it. Any extra penalty should be paid directly to the entity conducting the test and should not cause further financial assessment. The Department of Justice is responsible for setting rules to enforce this section.
Section § 1463.15
This law states that if a county in California sets up a program that combines vehicle inspections with sobriety checkpoints, $35 from each fine collected through these checkpoints (after other penalties are paid) must be placed in a special account. This account is used only to cover costs associated with running the checkpoint program. The money is deposited after fines and penalties are fully collected.
Section § 1463.16
This law mandates that $50 from each fine collected for specific DUI-related convictions is allocated to county alcohol programs. The funds are deposited into a special account managed by the county, subject to approval by the board of supervisors and compliance with state health certification standards. These funds should be used for local alcohol services and reported to the State Department of Health Care Services. Certain counties have specific provisions regarding the allocation of these funds. Contra Costa County can impose an additional $50 assessment on DUI convictions to fund these programs. The intent is to ensure ongoing alcohol-related services and meet state and federal standards. Counties can keep up to 5% of the funds to cover administrative expenses.
Section § 1463.17
This law states that in a particular county (19th class), every time someone is convicted of certain driving offenses, $50 from their fines goes into a special fund. This fund is used to pay for testing blood, breath, or urine for alcohol or drugs. These tests can be done by the county, a city, or a special district with the county supervisors' approval.
Additionally, this rule doesn't change the amount the county has to pay to the state as required by certain government codes.
Section § 1463.18
This law details how money collected from convictions for certain DUI violations in California should be handled. Specifically, the first $20 from each conviction goes to the Restitution Fund, which supports indemnifying crime victims, especially those affected by alcohol-related traffic offenses. The county treasurer is responsible for transferring these funds to the State Treasury once a month. Any remaining funds collected are managed according to other legal provisions. Also, the $20 contribution to the Restitution Fund is in addition to other fines or assessments collected.
Section § 1463.20
This law allows local governments in California to use $50 from each parking penalty to help pay for making public facilities accessible for people with disabilities. This is to meet the requirements of the Americans with Disabilities Act (ADA). The money can also cover the administrative costs of managing this fund.
Section § 1463.22
This law outlines how certain funds collected from traffic violation convictions related to not having insurance (Section 16028 of the Vehicle Code) are managed. For each conviction, $17.50 is set aside for municipal and superior court costs, and any extra money goes back to general distribution. An additional $3 from each conviction is sent to the State Transportation Fund to help cover the Department of Motor Vehicles' administrative expenses. Also, $10 for each conviction or bail forfeiture is deposited into the state's General Fund.
Section § 1463.25
This law states that money collected from alcohol-related penalties, as specified in Section 23196 of the Vehicle Code, should be placed into a dedicated fund by the county treasurer. The purpose of this fund is to support alcohol abuse education and prevention programs. The county's alcohol program administrator, with approval from the board of supervisors, manages these funds. Additionally, only up to 5% of the fund can be used for administrative costs.
Section § 1463.26
This law outlines how fines and forfeitures are distributed when someone is convicted or forfeits bail for certain vehicle violations. If the violation happened in a city, the money is split into three parts: one-third goes to the city's traffic fund, one-third to the county's general fund, and one-third to the agency responsible for high-occupancy vehicle lanes on state highways. If the violation happened outside a city, the money is split equally between the county and the agency. The agency must use their portion to improve traffic and operations on state highways. In some counties, this agency is the county transportation commission.
Section § 1463.27
This law allows county supervisors to charge an extra fee, up to $250, on top of existing fines for crimes related to domestic violence. The additional money collected is specifically used to fund domestic violence prevention programs, especially those assisting immigrants, refugees, or people living in rural areas. If a defendant can't afford to pay the extra fee, the court can waive it after considering other fines and restitutions the defendant owes. The collected funds must be placed in a designated account and used as described to support these programs.
Section § 1463.28
This law allows certain California counties to keep more of the money collected from fines if they choose to do so. Counties can pass a resolution to deposit specific increments from fines and forfeitures into their general fund, up to a certain limit each year.
Each county has a different annual limit, such as $15 million for Los Angeles or $300,000 for Alpine, and any amounts collected over these limits are shared with cities in the county. Additionally, scheduled bail amounts in these counties can be higher than those set by the statewide rules.
This rule generally does not affect parking fines, which are handled differently. The specific limits and arrangements are meant to help counties manage their financial resources better.
Section § 1464
This law imposes a state penalty of $10 for every $10 of fines for criminal offenses, excluding certain exceptions like restitution fines and parking offenses. Bail schedules for offenses usually include this penalty, and if bail is forfeited, the penalty is part of the payment. If fines are suspended, penalties are reduced accordingly. Judges can waive some or all penalties if it causes hardship to the offender or their family. The collected penalties are divided between state and county funds, with 70% going to the State Penalty Fund and 30% staying in the county. The Department of Finance manages the funds, and temporary loans can be made from the General Fund for State Penalty Fund cash flow needs.
Section § 1464.05
This law clarifies that whenever the term “assessment” is used in connection with fines, penalties, or bail forfeitures under Section 1464, it actually refers to the penalties imposed by that section. It is ensuring that there is no confusion about what 'assessment' means in this context.
Section § 1464.8
This statute states that when money collected from fines, penalties, fees, or assessments in criminal cases is divided up, it should follow the laws that are current at the time of the accounting, regardless of any other legal rules. This applies to several specific areas, including certain sections related to the Fish and Game Code, Government Code, and Health and Safety Code.
Section § 1465.5
This law allows counties in California to add an extra charge of $2 for every $10 of fines related to certain vehicle parking violations. It's up to each county's board of supervisors to approve this extra charge. The collected money is then handled according to specific rules set out in another section of the law.
Section § 1465.6
This law states that if someone commits certain vehicle-related offenses in California, an additional fee of 10% of the fine will be added to their penalty. These offenses include specific parts of the Vehicle Code related to misuse of disabled parking placards, forgery of vehicle documents, and parking infractions in areas reserved for the disabled or blocking access. This additional fee is on top of any other assessments and must be paid to the city or county where the offense happened.
Section § 1465.7
This law requires a 20% state surcharge on the base fine used to calculate the state penalty assessment for certain offenses. This surcharge is separate from the existing state penalty and cannot be included in the base fine calculation. After a court decides the total amount owed, the court clerk sends the surcharge amount to the State Treasury for the General Fund. If a person posts bail for an applicable offense without needing a court appearance, they must include this surcharge in their payment. When an offender pays fines in installments, the surcharge must be sent to the State Treasury before other fees are distributed. Additionally, for the purposes of calculating 'total bail,' this surcharge is not included in the Vehicle Code's specific calculations.
Section § 1465.8
This law requires that anyone convicted of a criminal or traffic offense, except parking violations, must pay a $40 fee to help fund court operations. This includes cases where a traffic ticket is dismissed if the person agrees to attend traffic school.
The fee is separate from other penalties and can't be added to the base fine for calculating additional penalties or surcharges. Additionally, if bail is posted for a relevant offense, the bail must include this fee. The money collected from these fees is deposited into a special account and transferred monthly to the Trial Court Trust Fund.
The Judicial Council is responsible for managing this system.
Section § 1465.9
This section makes certain court-imposed costs and fines unenforceable and uncollectible. If you had these fees imposed by the courts before specific dates, they can no longer be collected, and any judgments for them will be overturned. Costs imposed under certain sections before July 1, 2021, and January 1, 2022, will be vacated. Starting July 1, 2022, some civil assessments prior to that date will also be unenforceable. Moreover, any restitution fines from Section 1202.4 become uncollectible 10 years after they were imposed.