Failure to appear in court: fines.

Existing law authorizes the court, in addition to any other penalty in an infraction, misdemeanor, or felony case, to impose a civil assessment of up to $300 against any defendant who fails, after notice and without good cause, to appear in court for any proceeding authorized by law, or who fails to pay all or any portion of a fine ordered by the court or to pay an installment of bail, as specified. Existing law provides that the assessment shall not become effective until at least 10 calendar days after the court mails a warning notice to the defendant, and requires the court, if the defendant appears within the time specified in the notice and shows good cause for the failure to appear or for the failure to pay a fine or installment of bail, to vacate the assessment. The bill would provide that ability to post bail or to pay the fine or civil assessment is not a prerequisite to filing a request that the court vacate the assessment. The bill would also state that the imposition or collection of a civil assessment does not preclude a defendant from scheduling a court hearing on the underlying charge. Existing law authorizes a court to give notice to the Department of Motor Vehicles if any person has willfully failed to pay a lawfully imposed fine, or bail in installments, within the time authorized by the court, except as specified. If the fine is fully paid, the court or court is required to issue and file with the department a certificate showing that the fine has been paid. This bill would require the court clerk, if the fine is fully paid, or an agreement is signed to pay the fine, fee, or bail in installments, or an agreement is signed to perform community service, to issue and file a certificate with the department that the fine has been paid or satisfied, or an agreement has been signed, and request that the license hold be lifted. The bill would prohibit the court from requiring the payment of bail, the fine, or a civil assessment before a person may request the court to vacate a civil assessment.