2018 California Code
Vehicle Code - VEH
DIVISION 17 - OFFENSES AND PROSECUTION
CHAPTER 1.5 - Pilot Program for Online Adjudication of Infraction Violations
Section 40285.

(a) A pilot court that allows ability-to-pay determinations to be made through an online tool may allow the online tool to electronically verify through encrypted transmittal whether the defendant receives public benefits, defined as any of the public benefits listed in subdivision (a) of Section 68632 of the Government Code, by accessing a statewide, county, or other political subdivision of the state database, including, but not limited to, the State Department of Social Services. The court shall not access data regarding the type of benefit received.

(b) The court shall obtain the defendant’s consent before the online application may electronically verify benefits.

(c) The online application process shall do all of the following:

(1) Present the results of the verification described in subdivision (a) to a defendant for his or her review.

(2) Inquire whether the defendant wants to submit the results in support of his or her ability-to-pay petition.

(3) Notify the court of the public benefits query only if the defendant consents to presenting the results to the court.

(4) Inform the defendant of the following information:

(A) A defendant has the burden of establishing his or her inability to pay.

(B) The online verification is one of the possible means of substantiating the inability to pay.

(C) Other accepted means of verifying inability to pay.

(D) A defendant may upload other evidence in addition to or in lieu of the verification results.

(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 Inoperative June 30, 2022 Repealed as of January 1, 2023, pursuant to Section 40288)