42000. Unless a different penalty is expressly provided by this
code, every person convicted of a felony for a violation of any
provision of this code shall be punished by a fine of not less than
one thousand dollars ($1,000) or more than ten thousand dollars
($10,000) or by imprisonment in the state prison or by both such fine
and imprisonment.
42000.1. Notwithstanding Section 42001, every person convicted of
an infraction for a violation described in subdivision (b) of Section
22348 shall be punished by a fine not exceeding five hundred dollars
($500).
42000.5. Every person convicted of an infraction for a violation of
Section 22350, 22406, or 22407 while operating a bus, motor truck,
or truck tractor having three or more axles, or any motor truck or
truck tractor drawing any other vehicle, shall be punished by a fine
not exceeding one hundred dollars ($100) for a first conviction,
except that if the person has exceeded the specified speed limit by
10 miles per hour or more, the fine shall not exceed two hundred
dollars ($200) for a first conviction, and not exceeding three
hundred dollars ($300) for a second or subsequent conviction.
42001. (a) Except as provided in Section 42000.5, 42001.1, 42001.2,
42001.3, 42001.5, 42001.7, 42001.8, 42001.9, 42001.11, 42001.12,
42001.14, 42001.15, 42001.16, or subdivision (a) of 42001.17, or
Section 42001.18, or subdivision (b) or (c) of this section, or
Article 2 (commencing with Section 42030), every person convicted of
an infraction for a violation of this code or of any local ordinance
adopted pursuant to this code shall be punished as follows:
(1) By a fine not exceeding one hundred dollars ($100).
(2) For a second infraction occurring within one year of a prior
infraction which resulted in a conviction, a fine not exceeding two
hundred dollars ($200).
(3) For a third or any subsequent infraction occurring within one
year of two or more prior infractions which resulted in convictions,
a fine not exceeding two hundred fifty dollars ($250).
(b) Every person convicted of a misdemeanor violation of Section
2800, 2801, or 2803, insofar as they affect failure to stop and
submit to inspection of equipment or for an unsafe condition
endangering any person, shall be punished as follows:
(1) By a fine not exceeding fifty dollars ($50) or imprisonment in
the county jail not exceeding five days.
(2) For a second conviction within a period of one year, a fine
not exceeding one hundred dollars ($100) or imprisonment in the
county jail not exceeding 10 days, or both that fine and
imprisonment.
(3) For a third or any subsequent conviction within a period of
one year, a fine not exceeding five hundred dollars ($500) or
imprisonment in the county jail not exceeding six months, or both
that fine and imprisonment.
(c) A pedestrian convicted of an infraction for a violation of
this code or any local ordinance adopted pursuant to this code shall
be punished by a fine not exceeding fifty dollars ($50).
(d) Notwithstanding any other provision of law, any local public
entity that employs peace officers, as designated under Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
the California State University, and the University of California
may, by ordinance or resolution, establish a schedule of fines
applicable to infractions committed by bicyclists within its
jurisdiction. Any fine, including all penalty assessments and court
costs, established pursuant to this subdivision shall not exceed the
maximum fine, including penalty assessment and court costs, otherwise
authorized by this code for that violation. If a bicycle fine
schedule is adopted, it shall be used by the courts having
jurisdiction over the area within which the ordinance or resolution
is applicable instead of the fines, including penalty assessments and
court costs, otherwise applicable under this code.
42001.1. (a) Every person convicted of an infraction for a
violation of Section 2815 or a violation of Section 22526 at an
intersection posted pursuant to subdivision (d) of Section 22526
shall be punished as follows:
(1) For a first conviction, a fine of not less than fifty dollars
($50) nor more than one hundred dollars ($100).
(2) For a second conviction within a period of one year, a fine of
not less than one hundred dollars ($100) nor more than two hundred
dollars ($200).
(3) For a third or any subsequent conviction within a period of
two years, a fine of not less than two hundred fifty dollars ($250)
nor more than five hundred dollars ($500).
(b) In addition to the fine specified in subdivision (a), the
court may order the department to suspend the driver's license for up
to 30 days of any person convicted of a third or any subsequent
conviction of Section 2815 within a period of two years, and the
department shall suspend the license for the period of time so
ordered.
42001.2. (a) Every person convicted of an infraction for a
violation of Section 27153.5 with a motor vehicle having a
manufacturer's maximum gross vehicle weight rating of 6,001 or more
pounds shall be punished by a fine for the first offense of not less
than two hundred fifty dollars ($250) and not more than two thousand
five hundred dollars ($2,500), and for a second or subsequent offense
within one year of not less than five hundred dollars ($500) and not
more than five thousand dollars ($5,000).
(b) Every person convicted of an infraction for a second or
subsequent violation of Section 27153, or a second or subsequent
violation of 27153.5, with a motor vehicle having a manufacturer's
maximum gross vehicle weight rating of less than 6,001 pounds, shall
be punished by a fine of not less than one hundred dollars ($100) nor
more than two hundred fifty dollars ($250).
(c) Notwithstanding Section 40616, the penalties in subdivision
(b) apply when a person is guilty of willfully violating a written
promise to correct, or willfully failing to deliver proof of
correction, as prescribed in Section 40616, when an offense described
in subdivision (b) was the violation for which the notice to correct
was issued and the person was previously convicted of the same
offense, except that costs of repair shall be limited to those
specified in Section 44017 of the Health and Safety Code.
(d) Notwithstanding any other provision of law, revenues collected
from fines and forfeitures imposed under this section shall be
allocated as follows: 15 percent to the county in which the
prosecution is conducted, 10 percent to the prosecuting agency, 25
percent to the enforcement agency, except the Department of the
California Highway Patrol, and 50 percent to the air quality
management district or air pollution control district in which the
infraction occurred, to be used for programs to regulate or control
emissions from vehicular sources of air pollution. If the
enforcement agency is the Department of the California Highway
Patrol, the revenues shall be allocated 25 percent to the county in
which the prosecution is conducted, 25 percent to the prosecuting
agency, and 50 percent to the air quality management district or air
pollution control district in which the infraction occurred. If no
prosecuting agency is involved, the revenues that would otherwise be
allocated to the prosecuting agency shall instead be allocated to the
air quality management district or air pollution control district in
which the infraction occurred.
(e) For the purposes of subdivisions (a), (b), and (c), a second
or subsequent offense does not include an offense involving a
different motor vehicle.
42001.3. (a) Violations of Section 34506.3, with respect to any
regulation adopted under Section 34501 relative to the maintenance of
driving logs, shall be punishable by a fine of not more than five
hundred dollars ($500).
(b) Violations of subdivision (a) of Section 34506, with respect
to any regulation adopted under Section 34501 relative to drivers'
hours of service, shall be punishable by a fine of not less than five
hundred dollars ($500) nor more than one thousand dollars ($1,000).
In addition, the violations may be punishable by imprisonment in the
county jail for not more than six months.
42001.4. Every person convicted of an infraction for violation of
Section 23117 shall be punished as follows:
(a) By a fine of not less than fifty dollars ($50) nor more than
one hundred dollars ($100).
(b) For a second infraction occurring within one year of a prior
infraction which resulted in a conviction, a fine of not less than
seventy-five dollars ($75) nor more than two hundred dollars ($200).
(c) For a third or any subsequent infraction occurring within one
year of two or more prior infractions which resulted in convictions,
a fine of not less than one hundred dollars ($100) nor more than two
hundred fifty dollars ($250).
42001.5. Every person convicted of an infraction for a violation of
subdivision (i) or (l) of Section 22500, Section 22507.8, or Section
22522, shall be punished by a fine of not less than two hundred
fifty dollars ($250). No part of any fine imposed shall be
suspended, except the court may suspend that portion of the fine
above one hundred dollars ($100) for a violation of subdivision (i)
or (l) of Section 22500 or of Section 22522, and the court may
suspend the imposition of the fine for a conviction for a violation
of Section 22507.8 if the person convicted possessed at the time of
the offense, but failed to display, a valid distinguishing license
plate or placard issued pursuant to Section 22511.5, a valid special
identification license plate issued pursuant to Section 5007, or a
distinguishing placard issued pursuant to Section 22511.55 or
22511.59. The fine may be paid in installments if the court
determines that the defendant is unable to pay the entire amount in
one payment.
42001.6. Every person convicted of an infraction for a violation of
Section 22511.1 is punishable by a fine of one hundred dollars
($100).
No part of any fine imposed shall be suspended, except the court
may suspend that portion of the fine above twenty-five dollars ($25)
for a violation of Section 22511.1 if the person convicted possessed
at the time of the offense, but failed to display, a valid
zero-emission vehicle decal identification issued pursuant to
subdivisions (a) and (b) of Section 5205.5. The fine may be paid in
installments if the court determines that the defendant is unable to
pay the entire amount in one payment.
42001.7. (a) Every person convicted of a violation of Section 23111
or 23112, or subdivision (a) of Section 23113, shall be punished by
a mandatory fine of not less than one hundred dollars ($100) nor
more than one thousand dollars ($1,000) upon a first conviction, by
a mandatory fine of not less than five hundred dollars ($500) nor
more than one thousand dollars ($1,000) upon a second conviction, and
by a mandatory fine of not less than seven hundred fifty dollars
($750) nor more than one thousand dollars ($1,000) upon a third or
subsequent conviction.
In no case may the court order imprisonment in the county jail for
a violation punishable under this subdivision, unless imprisonment
is ordered pursuant to Section 166 of the Penal Code.
(b) The court shall, in addition to the fines imposed pursuant to
subdivision (a), order the offender to pick up litter or clean up
graffiti at a time and place within the jurisdiction of the court as
follows:
(1) For a first conviction punished pursuant to subdivision (a),
the court shall require the offender to pick up litter or clean up
graffiti for not less than eight hours.
(2) For a second conviction punished pursuant to subdivision (a),
the court shall require the offender to pick up litter or clean up
graffiti for not less than 16 hours.
(3) For a third or subsequent conviction punished pursuant to
subdivision (a), the court shall require the offender to pick up
litter or clean up graffiti for not less than 24 hours.
(c) It is the intent of the Legislature that persons convicted of
highway littering be required to bear the penalty for their actions.
Therefore, the court may not suspend the mandatory fines required by
subdivision (a) except in unusual cases where the interest of
justice would best be served by suspension of the fine. If the court
suspends imposition of any fine required by subdivision (a), it
shall, as a condition of that suspension, require the offender to
pick up litter or clean up graffiti at a time and place within the
jurisdiction of the court for not less than eight hours for every one
hundred dollars ($100) of fine suspended. The court may not suspend
the order to pick up litter or clean up graffiti required by this
subdivision or subdivision (b) except in unusual cases where the
interest of justice would best be served by suspension of that order.
42001.8. Every person convicted of an infraction for a violation of
Section 4000 shall be punished by a fine of not less than fifty
dollars ($50) and not more than two hundred fifty dollars ($250).
42001.9. Every person convicted of an infraction for a violation of
Section 23135 shall be punished by a fine of fifty dollars ($50).
42001.10. Every person convicted for a violation of Section 38020
shall be punished by a fine of not less than fifty dollars ($50) for
a first offense, and not more than two hundred fifty dollars ($250)
for every subsequent offense.
42001.11. Every person convicted of an infraction for a violation
of Section 21655.5 or 21655.8 shall be punished as follows:
(a) For a first conviction, a fine of not less than one hundred
dollars ($100), nor more than one hundred fifty dollars ($150).
(b) For a second conviction within a period of one year, a fine of
not less than one hundred fifty dollars ($150), nor more than two
hundred dollars ($200).
(c) For a third or any subsequent conviction within a period of
two years, a fine of not less than two hundred fifty dollars ($250),
nor more than five hundred dollars ($500).
42001.12. Every person convicted of an infraction for a violation
of Section 21806 shall be punished as follows:
(a) For a first conviction, by a fine of not less than one hundred
dollars ($100) nor more than two hundred fifty dollars ($250).
(b) For a second conviction within one year, by a fine of not less
than one hundred fifty dollars ($150) nor more than five hundred
dollars ($500).
(c) For a third or any subsequent conviction within three years,
by a fine of not less than two hundred fifty dollars ($250) nor more
than five hundred dollars ($500).
42001.14. (a) Every person convicted of an infraction for the
offense of disconnecting, modifying, or altering a required pollution
control device in violation of Section 27156 shall be punished as
follows:
(1) For a first conviction, by a fine of not less than fifty
dollars ($50), nor more than one hundred dollars ($100).
(2) For a second or subsequent conviction, by a fine of not less
than one hundred dollars ($100), nor more than two hundred fifty
dollars ($250).
(b) (1) The fines collected under subdivision (a) shall be
allocated pursuant to subdivision (d) of Section 42001.2.
(2) The amounts allocated pursuant to paragraph (1) to the air
pollution control district or air quality management district in
which the infraction occurred shall first be allocated to the State
Air Resources Board and the Bureau of Automotive Repair to pay the
costs of the state board and the bureau under Article 8 (commencing
with Section 44080) of Chapter 5 of Part 5 of Division 26 of the
Health and Safety Code.
(3) The funds collected under subdivision (a) which are not
required for purposes of paragraph (2) shall be used for the
enforcement of Section 27156 or for the implementation of Article 8
(commencing with Section 44080) of Chapter 5 of Part 5 of Division 26
of the Health and Safety Code.
42001.15. Every person convicted of an infraction for a violation
of subdivision (a) or (c) of Section 21453, subdivision (c) of
Section 21454, or subdivision (a) of Section 21457 shall be punished
by a fine of one hundred dollars ($100).
42001.16. (a) Every person convicted of an infraction for a
violation of subdivision (c) of Section 21752, involving railroad
grade crossings, or Section 22451 or 22452 shall be punished as
follows:
(1) For the first infraction, by a fine of one hundred dollars
($100).
(2) For a second infraction of any of the offenses described in
this subdivision occurring within one year of a prior infraction that
resulted in a conviction, by a fine not exceeding two hundred
dollars ($200).
(3) For a third or any subsequent infraction of any of the
offenses described in this subdivision occurring within one year of
two or more prior infractions that resulted in convictions, by a fine
not exceeding two hundred fifty dollars ($250).
(b) In addition to the fine imposed pursuant to subdivision (a), a
court, in a county in which Section 369b of the Penal Code applies,
may require the person to attend a traffic school as described in
Section 369b of the Penal Code.
42001.17. Notwithstanding any other provision of law, every person
convicted of an infraction for a violation of Section 21951 shall be
punished as follows:
(a) For the first infraction, by a fine of one hundred dollars
($100).
(b) For a second infraction for a violation of Section 21951
occurring within one year of a prior infraction of violating of that
section that resulted in a conviction, by a fine not exceeding two
hundred dollars ($200), as provided in paragraph (2) of subdivision
(a) of Section 42001.
(c) For a third or any subsequent infraction for a violation of
Section 21951 occurring within one year of two or more prior
infractions of violating that section that resulted in convictions,
by a fine not exceeding two hundred fifty dollars ($250), as provided
in paragraph (3) of subdivision (a) of Section 42001.
42001.18. Notwithstanding any other provision of law, every person
convicted of an infraction for a violation of Section 21971 shall be
punished as follows:
(a) For the first infraction, by a fine of two hundred twenty
dollars ($220).
(b) For a second infraction for a violation of Section 21971
occurring within one year of a prior violation of that section that
resulted in a conviction, by a fine of three hundred twenty dollars
($320).
(c) For a third or any subsequent infraction for a violation of
Section 21971 occurring within one year of two or more prior
infractions of violating that section that resulted in convictions by
a fine of three hundred seventy dollars ($370).
42002. Unless a different penalty is expressly provided by this
code, every person convicted of a misdemeanor for a violation of any
of the provisions of this code shall be punished by a fine of not
exceeding one thousand dollars ($1,000) or by imprisonment in the
county jail for not exceeding six months, or by both such fine and
imprisonment.
42002.4. A violation of Section 10751 shall be punished by
imprisonment in the county jail not exceeding six months if the value
of the property does not exceed four hundred dollars ($400), and by
imprisonment in the county jail not exceeding one year if the value
of the property is more than four hundred dollars ($400).
42002.5. Notwithstanding Section 42002, every person convicted of a
violation of Section 10852 or 10853 involving a vehicle that has
been modified for the use of a disabled veteran or any other disabled
person and that displays a special identification license plate
issued pursuant to Section 5007 or a distinguishing placard issued
pursuant to Section 22511.55 or 22511.59, if those facts are known or
should reasonably have been known to the person, shall be punished
by a fine of not more than two thousand dollars ($2,000) or by
imprisonment in the county jail for not more than one year, or by
both the fine and imprisonment.
42003. (a) A judgment that a person convicted of an infraction be
punished by a fine may also provide for the payment to be made within
a specified time or in specified installments. A judgment granting
a defendant time to pay the fine shall order that if the defendant
fails to pay the fine or any installment thereof on the date that it
is due, he or she shall appear in court on that date for further
proceedings. Willful violation of the order is punishable as
contempt.
(b) A judgment that a person convicted of any other violation of
this code be punished by a fine may also order, adjudge, and decree
that the person be imprisoned until the fine is satisfied. In all of
these cases, the judgment shall specify the extent of the
imprisonment which shall not exceed one day for every thirty dollars
($30) of the fine, nor extend in this case beyond the term for which
the defendant might be sentenced to imprisonment for the offense of
which he or she was convicted.
(c) In any case when a person appears before a traffic referee or
judge of the superior court for adjudication of a violation of this
code, the court, upon request of the defendant, shall consider the
defendant's ability to pay. Consideration of a defendant's ability
to pay may include his or her future earning capacity. A defendant
shall bear the burden of demonstrating lack of his or her ability to
pay. Express findings by the court as to the factors bearing on the
amount of the fine shall not be required. The reasonable cost of
these services and of probation shall not exceed the amount
determined to be the actual average cost thereof. The court shall
order the defendant to appear before a county officer designated by
the court to make an inquiry into the ability of the defendant to pay
all or a portion of those costs or the court or traffic referee may
make this determination at a hearing. At that hearing, the defendant
shall be entitled to have, but shall not be limited to, the
opportunity to be heard in person, to present witnesses and other
documentary evidence, to confront and cross-examine adverse
witnesses, to disclosure of the evidence against him or her, and to a
written statement of the findings of the court or the county
officer. If the court determines that the defendant has the ability
to pay all or part of the costs, the court shall set the amount to be
reimbursed and order the defendant to pay that sum to the county in
the manner in which the court believes reasonable and compatible with
the defendant's financial ability; or, with the consent of a
defendant who is placed on probation, the court shall order the
probation officer to set the amount of payment, which shall not
exceed the maximum amount set by the court, and the manner in which
the payment shall be made to the county. In making a determination
of whether a defendant has the ability to pay, the court shall take
into account the amount of any fine imposed upon the defendant and
any amount the defendant has been ordered to pay in restitution.
The court may hold additional hearings during the probationary
period. If practicable, the court or the probation officer shall
order payments to be made on a monthly basis. Execution may be
issued on the order in the same manner as a judgment in a civil
action. The order to pay all or part of the costs shall not be
enforced by contempt.
A payment schedule for reimbursement of the costs of presentence
investigation based on income shall be developed by the probation
department of each county and approved by the presiding judge of the
superior court.
(d) The term "ability to pay" means the overall capability of the
defendant to reimburse the costs, or a portion of the costs, of
conducting the presentence investigation, preparing the presentence
report, and probation, and includes, but is not limited to, all of
the following regarding the defendant:
(1) Present financial position.
(2) Reasonably discernible future financial position. In no event
shall the court consider a period of more than six months from the
date of the hearing for purposes of determining reasonably
discernible future financial position.
(3) Likelihood that the defendant will be able to obtain
employment within the six-month period from the date of the hearing.
(4) Any other factors that may bear upon the defendant's financial
capability to reimburse the county for the costs.
(e) At any time during the pendency of the judgment rendered
according to the terms of this section, a defendant against whom a
judgment has been rendered may petition the rendering court to modify
or vacate its previous judgment on the grounds of a change of
circumstances with regard to the defendant's ability to pay the
judgment. The court shall advise the defendant of this right at the
time of rendering of the judgment.
42004. For the purpose of determining the penalty to be imposed
pursuant to this code, the court may consider a written report from
the Department of Motor Vehicles containing information from its
records showing prior convictions; and the communication is prima
facie evidence of such convictions, if the defendant admits them,
regardless of whether or not the complaint commencing the proceedings
has alleged prior convictions.
For the purpose of this chapter a prior bail forfeiture shall be
deemed to be a conviction of the offense charged.
42004.5. Upon conviction of any violation of any provision of this
code, other than a felony violation and except this section,
execution of sentence of imprisonment in the county jail shall be
suspended, at the request of the convicted person, for a period of 24
hours, unless the judge determines that the person would not return.
If, prior to the end of such period, the person does not deliver
himself into custody for commencement of the execution of such
sentence, his failure to appear shall constitute a misdemeanor.
42005. (a) The court may order any person convicted of a traffic
violation to attend a traffic violator school licensed pursuant to
Chapter 1.5 (commencing with Section 11200) of Division 5.
(b) In lieu of adjudicating a traffic offense, and with the
consent of the defendant, or after conviction of a traffic offense,
the court may order any person issued a notice to appear for a
traffic violation to attend a traffic violator school licensed
pursuant to Chapter 1.5 (commencing with Section 11200) of Division
5.
(c) Except as otherwise provided in subdivision (d), any person so
ordered may choose the traffic violator school the person will
attend. The court shall make available to each person subject to
such an order the current list of traffic violator schools published
by the department pursuant to Section 11205.
(d) In those counties where, prior to January 1, 1985, one or more
individual courts, or the county acting on behalf of one or more
individual courts, contracted for the provision of traffic safety
instructional services to traffic violators referred by the court
pursuant to a pretrial diversion program, the courts may restrict
referrals under this section to those schools for traffic violators
or licensed driving schools which are under contract with the court
or with the county to provide traffic safety instructional services
for persons referred pursuant to subdivision (a).
(e) A county described in Section 28023 of the Government Code may
continue to provide the program authorized by this section in
accordance with the provisions of current and future contracts as may
be amended and approved by the individual courts within that county
and the county shall be exempt from state regulations relative to
maximum classroom attendance.
(f) Notwithstanding subdivision (b), a court may not order a
person to attend traffic violator school in lieu of adjudicating an
offense if the person was issued a notice to appear for a serious
traffic violation, as defined in subdivision (i) of Section 15210,
that occurred in a commercial motor vehicle, as defined in
subdivision (b) of Section 15210.
(g) Any person who willfully fails to comply with a court order to
attend traffic violator school is guilty of a misdemeanor.
42005.1. The court may order any person designated to attend a
traffic violator school to instead participate in a study of traffic
violator schools licensed pursuant to Chapter 1.5 (commencing with
Section 11200) of Division 5. The person's participation in that
study constitutes attending a court-supervised program of traffic
safety instruction for purposes of Section 42007.
42005.3. Operative January 1, 1993, no local authority may allow a
person who is alleged to have committed a traffic offense in
violation of this code or an ordinance or resolution adopted under
this code, to participate in a driver awareness or education program
or in any other diversion program as an alternative to the procedure
required to be followed under this code for alleged violations of
this code.
This section does not apply to diversion programs for minors who
commit infractions not involving a motor vehicle for which no fee is
charged.
42005.5. Notwithstanding Section 46300 or 84500 of the Education
Code or any other provision of law, on and after September 1, 1985,
attendance at a school for traffic violators ordered pursuant to
Section 42005 shall not be included in computing the average daily
attendance of any school district, community college district, or
other public educational institution for purposes of allocation of
state funds.
42006. (a) Except as provided in subdivision (c), there may be
levied a special assessment in an amount equal to one dollar ($1) for
every fine and forfeiture, imposed and collected by any court which
conducts a night session of the court, on all offenses involving a
violation of a section of this code or any local ordinance adopted
pursuant to this code, except offenses relating to parking.
(b) When a person makes a deposit of bail for an offense to which
this section applies, in a case in which the person is required to
appear in a court which conducts a night session, the person making
the deposit shall also deposit a sufficient amount to include the
assessment prescribed in this section for forfeited bail. If bail is
forfeited, the amount of the assessment shall be transmitted by the
clerk of the court to the county treasury for disposition as
prescribed by subdivision (d).
(c) If a court conducts sessions at two or more locations, the
court may do either of the following:
(1) Levy assessments only on those persons who are required to
appear at the location where night sessions are held.
(2) Levy assessments on persons who have the option to appear at a
location where night court sessions are held and that location is
within 25 miles of the location of the court where the person is
otherwise required to appear, if the court prepares and submits a
report to the Legislative Analyst on or before February 1, 1986,
which itemizes the additional costs of the night court session or
sessions for the calendar years of 1983, 1984, and 1985, and the
revenues received from the assessment levied under subdivision (a) in
those calendar years.
(d) After a determination by the court of the amount of the
assessment due, the clerk of the court shall collect the amount and
transmit it to the county treasury to be deposited in the night court
session fund, and the money in the fund shall be expended by the
county for maintaining courts in the county which have night sessions
for traffic offenses.
(e) In any case where a person convicted of any offense to which
this section applies is imprisoned until the fine is satisfied, the
judge shall waive the penalty assessment.
42007. (a) The clerk of the court shall collect a fee from every
person who is ordered or permitted to attend a traffic violator
school pursuant to Section 42005 or who attends any other
court-supervised program of traffic safety instruction. The fee
shall be in an amount equal to the total bail set forth for the
eligible offense on the uniform countywide bail schedule. As used in
this subdivision, "total bail" means the amount established pursuant
to Section 1269b of the Penal Code in accordance with the Uniform
Statewide Bail Schedule adopted by the Judicial Council, including
all assessments, surcharges, and penalty amounts. Where multiple
offenses are charged in a single notice to appear, the "total bail"
is the amount applicable for the greater of the qualifying offenses.
However, the court may determine a lesser fee under this subdivision
upon a showing that the defendant is unable to pay the full amount.
The fee shall not include the cost, or any part thereof, of
traffic safety instruction offered by the school or other program.
(b) Revenues derived from the fee collected under this section
shall be deposited in accordance with Section 68084 of the Government
Code in the general fund of the county and, as may be applicable,
distributed as follows:
(1) In any county in which a fund is established pursuant to
Section 76100 or 76101 of the Government Code, the sum of one dollar
($1) for each fund so established shall be deposited with the county
treasurer and placed in that fund.
(2) In any county that has established a Maddy Emergency Medical
Services Fund pursuant to Section 1797.98a of the Health and Safety
Code, an amount equal to the sum of each two dollars ($2) for every
seven dollars ($7) that would have been collected pursuant to Section
76000 of the Government Code shall be deposited in that fund.
Nothing in the act that added this paragraph shall be interpreted in
a manner that would result in either of the following:
(A) The utilization of penalty assessment funds that had been set
aside, on or before January 1, 2000, to finance debt service on a
capital facility that existed before January 1, 2000.
(B) The reduction of the availability of penalty assessment
revenues that had been pledged, on or before January 1, 2000, as a
means of financing a facility which was approved by a county board of
supervisors, but on January 1, 2000, is not under construction.
(c) For fees resulting from city arrests, an amount equal to the
amount of base fines that would have been deposited in the treasury
of the appropriate city pursuant to paragraph (3) of subdivision (b)
of Section 1463.001 of the Penal Code shall be deposited in the
treasury of the appropriate city.
(d) As used in this section, "court-supervised program" includes,
but is not limited to, any program of traffic safety instruction the
successful completion of which is accepted by the court in lieu of
adjudicating a violation of this code.
(e) The Judicial Council shall study the minimum eligibility
criteria governing drivers seeking to attend traffic violator's
school, and report to the Legislature on the advisability of uniform
statewide criteria on or before January 1, 1993.
(f) The clerk of the court, in a county that offers traffic school
shall include in any courtesy notice mailed to a defendant for an
offense that qualifies for traffic school attendance the following
statement:
NOTICE: If you are eligible and decide not to attend traffic
school your automobile insurance may be adversely affected.
42007.1. (a) The fee collected by the clerk pursuant to subdivision
(a) of Section 42007 shall be in an amount equal to the total bail
set forth for the eligible offense on the uniform countywide bail
schedule plus twenty-four dollars ($24).
(b) Notwithstanding subdivision (b) of Section 42007, the revenue
from the twenty-four dollar ($24) fee collected under this section
shall be deposited in the county general fund.
42007.3. (a) Notwithstanding Section 42007, revenues derived from
fees collected under Section 42007 from each person required or
permitted to attend traffic violator school pursuant to Section 42005
as a result of a violation of subdivision (a) or (c) of Section
21453, subdivision (c) of Section 21454, or subdivision (a) of
Section 21457 shall be allocated as follows:
(1) 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.
(2) The balance of the amount collected shall be deposited by the
county treasurer under Section 42007.
(b) This section does not apply to the additional twenty-four
dollars ($24) collected under subdivision (a) of Section 42007.1.
42007.4. (a) Notwithstanding Section 42007, revenues derived from
fees collected under Section 42007 from each person required or
permitted to attend traffic violator school pursuant to Section 369b
of the Penal Code as a result of a violation of subdivision (c) of
Section 21752, involving railroad grade crossings, or Section 22451
or 22452 shall be allocated as follows:
(1) If the offense occurred in an area where a transit district or
transportation commission 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 to be used only for public safety and
public education purposes relating to railroad grade crossings.
(2) If there is no transit district or transportation commission
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.
(3) The balance of the amount collected shall be deposited by the
county treasurer under Section 1463 of the Penal Code.
(4) A transit district, transportation commission, or a county
that is allocated funds pursuant to paragraph (1) or (2) 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 paragraph (1) or (2).
(b) This section does not apply to the additional twenty-four
dollars ($24) collected under subdivision (a) of Section 42007.1.
42008. (a) Any county may operate an amnesty program for delinquent
fines and bail imposed for an infraction or misdemeanor violation of
the Vehicle Code, except parking violations of the Vehicle Code and
violations of Section 23103, 23104, 23152, or 23153. The program
shall be implemented by the courts in accordance with Judicial
Council guidelines, and shall apply to infraction or misdemeanor
violations of the Vehicle Code, except parking violations, upon which
a fine or bail was delinquent on or before April 1, 1991.
(b) Under the amnesty program, any person owing a fine or bail due
on or before April 1, 1991, that was imposed for an infraction or
misdemeanor violation of the Vehicle Code, except violations of
Section 23103, 23104, 23152, or 23153 or parking violations, may pay
to the superior court the amount scheduled by the court, which shall
be either (1) 70 percent of the total fine or bail or (2) the amount
of one hundred dollars ($100) for an infraction or five hundred
dollars ($500) for a misdemeanor. This amount shall be accepted by
the court in full satisfaction of the delinquent fine or bail.
(c) No criminal action shall be brought against any person for a
delinquent fine or bail paid under this amnesty program and no other
additional penalties shall be assessed for the late payment of the
fine or bail made under the amnesty program.
(d) Notwithstanding Section 1463 of the Penal Code, the total
amount of funds collected by the courts pursuant to the amnesty
program created by this section shall be deposited in the county
treasury.
42008.5. (a) A county may establish a one-time amnesty program for
fines and bail that have been delinquent for not less than six months
as of the date upon which the program commences and were imposed for
an infraction or misdemeanor violation of this code, except parking
violations of this code and violations of Section 23103, 23104,
23152, or 23153.
(b) Any person owing a fine or bail that is eligible for amnesty
under the program may pay to the superior or juvenile court the
amount scheduled by the court, which shall be accepted by the court
in full satisfaction of the delinquent fine or bail and shall be
either of the following:
(1) Seventy percent of the total fine or bail.
(2) The amount of one hundred dollars ($100) for an infraction or
five hundred dollars ($500) for a misdemeanor.
(c) The amnesty program shall be implemented by the courts of the
county on a one-time basis and conducted in accordance with Judicial
Council guidelines for a period of not less than 120 days. The
program shall operate not longer than six months from the date the
court initiates the program.
(d) No criminal action shall be brought against any person for a
delinquent fine or bail paid under the amnesty program and no other
additional penalties, except as provided in Section 1214.1 of the
Penal Code, shall be assessed for the late payment of the fine or
bail made under the amnesty program.
(e) Notwithstanding Section 1463 of the Penal Code, the total
amount of funds collected by the courts pursuant to the amnesty
program shall be deposited in the county treasury until 150 percent
of the cost of operating the program, excluding capital expenditures,
have been so deposited. Thereafter, 37 percent of the amount of the
delinquent fines and bail deposited in the county treasury shall be
distributed by the county pursuant to Section 1464 of the Penal Code,
26 percent of the amount deposited shall be distributed by the
county pursuant to Article 2 (commencing with Section 76100) of
Chapter 12 of Title 8 of the Government Code, and the remaining 37
percent of the amount deposited shall be retained by the county.
(f) The deposit of fines and bails in the county treasury as
described in subdivision (e) is limited to the amnesty program
described in this section, and it is the intent of the Legislature
that it shall not be considered a precedent with respect to affecting
programs that receive funding pursuant to Section 1463 of the Penal
Code.
(g) Each county participating in the program shall file, not later
than six months after the termination of the program, a written
report with the Assembly Committee on Judiciary and the Senate
Committee on Judiciary. The report shall summarize the amount of
money collected, operating costs of the program, distribution of
funds collected, and when possible, how the funds were expended.
42009. (a) For any offense specified in subdivision (b), committed
by the driver of a vehicle within a highway construction or
maintenance area, during any time when traffic is regulated or
restricted through or around that area pursuant to Section 21367,
when the highway construction or maintenance is actually being
performed in the area by workers acting in their official capacity,
the fine, in a misdemeanor case, shall be double the amount otherwise
prescribed. In an infraction case, the fine shall be one category
higher than the penalty otherwise prescribed by the uniform traffic
penalty schedule established pursuant to Section 40310.
(b) A violation of any of the following provisions is an offense
which is subject to subdivision (a):
(1) Section 21367, relating to regulation of traffic at a
construction site.
(2) Article 3 (commencing with Section 21450) of Chapter 2 of
Division 11, relating to obedience to traffic devices.
(3) Chapter 3 (commencing with Section 21650) of Division 11,
relating to driving, overtaking, and passing.
(4) Chapter 4 (commencing with Section 21800) of Division 11,
relating to yielding the right-of-way.
(5) Chapter 6 (commencing with Section 22100) of Division 11,
relating to turning and stopping and turn signals.
(6) Chapter 7 (commencing with Section 22348) of Division 11,
relating to speed limits.
(7) Chapter 8 (commencing with Section 22450) of Division 11,
relating to special traffic stops.
(8) Section 23103, relating to reckless driving.
(9) Section 23104, relating to reckless driving which results in
bodily injury to another.
(10) Section 23109, relating to speed contests.
(11) Section 23152, relating to driving under the influence of
alcohol or a controlled substance, or a violation of Section 23103,
as specified in Section 23103.5, relating to alcohol-related reckless
driving.
(12) Section 23153, relating to driving under the influence of
alcohol or a controlled substance, which results in bodily injury to
another.
(13) Section 23220, relating to drinking while driving.
(14) Section 23221, relating to drinking in a motor vehicle while
on the highway.
(15) Section 23222, relating to driving while possessing an open
alcoholic beverage container.
(16) Section 23223, relating to being in a vehicle on the highway
while possessing an open alcoholic beverage container.
(17) Section 23224, relating to being a driver or passenger under
the age of 21 possessing an open alcoholic beverage container.
(18) Section 23225, relating to being the owner or driver of a
vehicle in which there is an open alcoholic beverage container.
(19) Section 23226, relating to being a passenger in a vehicle in
which there is an open alcoholic beverage container.
(c) This section applies only when construction or maintenance
work is actually being performed by workers, and there are work zone
traffic control devices, traffic controls or warning signs, or any
combination of those, to notify motorists and pedestrians of
construction or maintenance workers in the area.
42010. (a) For any offense specified in subdivision (b) that is
committed by the driver of a vehicle within an area that has been
designated as a Safety Enhancement-Double Fine Zone pursuant to
subdivision (a) of Section 97 of the Streets and Highways Code, the
fine, in a misdemeanor case, shall be double the amount otherwise
prescribed, and, in an infraction case, the fine shall be one
category higher than the penalty otherwise prescribed by the uniform
traffic penalty schedule established pursuant to Section 40310.
(b) A violation of any of the following provisions is an offense
that is subject to subdivision (a):
(1) Chapter 3 (commencing with Section 21650) of Division 11,
relating to driving, overtaking, and passing.
(2) Chapter 7 (commencing with Section 22348) of Division 11,
relating to speed limits.
(3) Section 23103, relating to reckless driving.
(4) Section 23104, relating to reckless driving which results in
bodily injury to another.
(5) Section 23109, relating to speed contests.
(6) Section 23152, relating to driving under the influence of
alcohol or a controlled substance, or a violation of Section 23103,
as specified in Section 23103.5, relating to alcohol-related reckless
driving.
(7) Section 23153, relating to driving under the influence of
alcohol or a controlled substance, which results in bodily injury to
another.
(8) Section 23220, relating to drinking while driving.
(9) Section 23221, relating to drinking in a motor vehicle while
on the highway.
(10) Section 23222, relating to driving while possessing an open
alcoholic beverage container.
(11) Section 23223, relating to being in a vehicle on the highway
while possessing an open alcoholic beverage container.
(12) Section 23224, relating to being a driver or passenger under
the age of 21 possessing an open alcoholic beverage container.
(13) Section 23225, relating to being the owner or driver of a
vehicle in which there is an open alcoholic beverage container.
(14) Section 23226, relating to being a passenger in a vehicle in
which there is an open alcoholic beverage container.
(c) This section applies only when traffic controls or warning
signs have been placed pursuant to Section 97 of the Streets and
Highways Code.
(d) (1) Notwithstanding any other provision of law, the enhanced
fine imposed pursuant to this section shall be based only on the base
fine imposed for the underlying offense and shall not include any
other enhancements imposed pursuant to law.
(2) Notwithstanding any other provision of law, any additional
penalty, forfeiture, or assessment imposed by any other statute shall
be based on the amount of the base fine before enhancement or
doubling and shall not be based on the amount of the enhanced fine
imposed pursuant to this section.
(e) This section shall remain in effect only until January 1,
2004, and as of that date is repealed, unless a later enacted
statute, that is enacted on or before January 1, 2004, deletes or
extends that date.
42011. (a) For any offense specified in subdivision (b) that is
committed by the driver of a vehicle under either of the following
conditions, the fine in a misdemeanor case shall be double the base
amount otherwise prescribed, not including any penalty assessments or
other fees or additions, and in an infraction case, the fine shall
be one category higher than the penalty otherwise prescribed by the
uniform traffic penalty schedule established pursuant to Section
40310, not including any penalty assessments or other fees or
additions:
(1) When passing a school building or the grounds thereof, if the
building or grounds are contiguous to a highway and posted with a
standard "SCHOOL" warning sign and an accompanying sign notifying
motorists that increased penalties apply for traffic violations that
are committed within that school zone, and children are going to or
leaving the school either during school hours or during the noon
recess period.
(2) When passing any school grounds that are not separated from
the highway by a fence, gate, or other physical barrier while the
grounds are in use by children, and the highway is posted with a
standard "SCHOOL" warning sign and an accompanying sign notifying
motorists that increased penalties apply for traffic violations that
are committed within that school zone.
(b) A violation of any of the following provisions is an offense
that is subject to subdivision (a):
(1) Article 3 (commencing with Section 21450) of Chapter 2 of
Division 11, relating to obedience to traffic devices.
(2) Chapter 3 (commencing with Section 21650) of Division 11,
relating to driving, overtaking, and passing.
(3) Chapter 4 (commencing with Section 21800) of Division 11,
relating to yielding the right-of-way.
(4) Chapter 6 (commencing with Section 22100) of Division 11,
relating to turning and stopping and turn signals.
(5) Chapter 7 (commencing with Section 22348) of Division 11,
relating to speed limits.
(6) Chapter 8 (commencing with Section 22450) of Division 11,
relating to special traffic stops.
(7) Section 23103, relating to reckless driving.
(8) Section 23104, relating to reckless driving which results in
bodily injury to another.
(9) Section 23109, relating to speed contests.
(10) Section 23152, relating to driving under the influence of
alcohol or a controlled substance, or a violation of Section 23103,
as specified in Section 23103.5, relating to alcohol-related reckless
driving.
(11) Section 23153, relating to driving under the influence of
alcohol or a controlled substance, which results in bodily injury to
another.
(12) Section 23220, relating to drinking while driving.
(13) Section 23221, relating to drinking in a motor vehicle while
on the highway.
(14) Section 23222, relating to driving while possessing marijuana
or an open alcoholic beverage container.
(15) Section 23223, relating to being in a vehicle on the highway
while possessing an open alcoholic beverage container.
(16) Section 23224, relating to being a driver or passenger under
the age of 21 years possessing an open alcoholic beverage container.
(17) Section 23225, relating to being the owner or driver of a
vehicle in which there is an open alcoholic beverage container.
(18) Section 23226, relating to being a passenger in a vehicle in
which there is an open alcoholic beverage container.
(c) (1) This section applies only in Alameda County, Santa Barbara
County, Ventura County, or in a city in any of these counties, and
only if that jurisdiction has adopted this section by a vote of the
city council or county board of supervisors, as appropriate.
(2) The increased fines authorized by subdivision (a) may only be
imposed and collected once per offense or notwithstanding the fact
that the offense occurred within more than one jurisdiction all of
which have adopted this section. Furthermore, no increased fine
shall be imposed if an increased fine is imposed under Section 42009
or 42010 because the offense occurred within a highway construction
or maintenance area or safety enhancement area.
(d) Any city or county that adopts this section shall promptly
notify the California Highway Patrol and the law enforcement agency
having the primary traffic investigative authority of that fact.
(e) This section shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2007, deletes or extends
that date.
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