2018 California Code
Vehicle Code - VEH
DIVISION 17 - OFFENSES AND PROSECUTION
CHAPTER 1.5 - Pilot Program for Online Adjudication of Infraction Violations
Section 40283.

Universal Citation: CA Veh Code § 40283 (2018)
40283.  

Notwithstanding any other law, a pilot court may, by adopting a local rule, make ability-to-pay determinations under the procedures authorized in this section.

(a) A pilot court may allow defendants to agree to forfeit bail, plead guilty, or plead nolo contendere, and request an ability-to-pay determination. For purposes of this subdivision:

(1) A defendant need not post bail or pay any fines or fees prior to an ability-to-pay determination.

(2) The date that the defendant agrees to forfeit bail, plead guilty, or plead nolo contendere shall be reported as the date of conviction for purposes of reporting violations of this code to the department under Section 1803.

(3) If a defendant agrees to forfeit bail, plead guilty, or plead nolo contendere, and requests an ability-to-pay determination, the matter will be considered adjudicated for purposes of an ability-to-pay determination.

(b) Based on any ability-to-pay determination, a pilot court may do any of the following:

(1) Waive or reduce the sum of the total amount due for an infraction.

(2) Extend the time for payment or provide for payment on an installment plan, including those amounts due after any reduction under paragraph (1).

(3) Allow the defendant to complete community service in lieu of the total amount due. If a defendant qualifies for a reduction in the total amount due, the court may allow the defendant to complete the community service in lieu of the payment on the reduced amount.

(4) Suspend the total amount due in whole or in part.

(5) Offer an alternative disposition.

(c) A court may consider ability-to-pay determination requests submitted through an online tool.

(d) For purposes of this section, the “total amount due” is the sum of the base fine, penalty assessments, civil assessments, and fees, including mandatory fees, owed and unpaid by the defendant.

(e) This section does not preclude a court that is not participating in the pilot program from adopting procedures or rules of court in accordance with this section.

(Added by Stats. 2018, Ch. 45, Sec. 19. (SB 847) Effective June 27, 2018. Inoperative June 30, 2022 Repealed as of January 1, 2023, pursuant to Section 40288)

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