Infractions: warrants and penalties.

Plain English Breakdown

The bill summary and digest do not provide specific information about judicial discretion regarding repeat offenders with multiple infractions.

Infractions: Warrants and Penalties

This law changes how courts handle people who miss court dates or don't pay fines for minor traffic violations, making it less severe.

What This Bill Does

• Changes the rules so that missing a court date is not treated as a crime if it's for a small offense called an infraction.
• Stops judges from issuing arrest warrants when someone misses a court date for a traffic ticket.
• Removes the need to report convictions of minor traffic offenses to the Department of Motor Vehicles (DMV).
• Gets rid of fines and arrests for not paying bail or fines on time if it's for a small offense.

Who It Names or Affects

• People charged with minor traffic violations (infractions).
• Courts and judges handling these cases.
• The Department of Motor Vehicles (DMV)

Terms To Know

Infraction

A small violation of the law, like a traffic ticket.

Bench warrant

An order from a judge to arrest someone who missed a court date.

Limits and Unknowns

• The bill does not specify what happens if someone misses a court date for an infraction but has other charges.
• It is unclear how this will affect repeat offenders with multiple infractions.
• There are no details on how the changes will be enforced or monitored.

Official Summary Text

AB 2122, as amended, Kalra.
Infractions: warrants and penalties.
(1) Existing law makes it a misdemeanor to willfully fail to appear in court, as specified. Existing law, when a person has failed to appear and has not posted bail, requires the magistrate to issue a warrant for the person’s arrest within 20 days of the failure to appear.
This bill would make those sections only apply when the underlying charge is not an infraction.
(2) Existing law authorizes the issuance of a bench warrant of arrest when a person fails to appear in court as promised in specified criminal proceedings.
This bill would prohibit the issuance of a bench warrant of arrest when the underlying crime is an
infraction.
infraction issued pursuant to the Vehicle Code. The bill would require bench warrants for other infractions to be limited to only authorizing arrest and booking at the scene followed by immediate release, as specified.
(3) Existing law makes it a misdemeanor to willfully fail to appear in court for a violation of the Vehicle Code, and requires the court to report a conviction of this offense to the Department of Motor Vehicles.
This bill would make that misdemeanor only apply when the underlying charge is not an infraction. The bill would also remove the requirement for the court to report a conviction of this offense to the department.
(4) Existing law authorizes the imposition of a civil assessment or the issuance of an arrest warrant when a person fails to make an installment payment on bail imposed
by the court for an infraction violation of the Vehicle Code. Existing law also makes it a misdemeanor to fail to pay bail in installments or to fail to pay a fine imposed for the violation of a state or local traffic law.
This bill would
repeal
remove
the misdemeanor for failure to pay a bail installment or
fine.
fine if the original charge was an infraction.
The bill would remove the authorization to issue an arrest warrant for failure to pay a bail installment.
(5) Existing law, if a defendant does not appear at the time
the case is called for a violation of the Vehicle Code, authorizes the court to declare the bail forfeited and order that no further proceedings be had in the case, or to issue a warrant for the arrest of the defendant. However, if a defendant is charged with specified crimes, including disposing of a flaming or glowing substance on or near a road and littering a highway, has previously been convicted of the same crime, and fails to appear at the time the case is called to trial, existing law authorizes the court to declare the bail forfeited and requires the court to issue a bench warrant for the arrest of the person charged, unless the magistrate finds that undue hardship will be imposed by requiring the defendant to appear.
This bill would remove the requirement that the magistrate issue a bench warrant when the person has committed one of the crimes specified above.

Current Bill Text

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