Section 1214.1 Of Chapter 2. The Execution From California Penal Code >> Title 8. >> Part 2. >> Chapter 2.
1214.1
. (a) In addition to any other penalty in infraction,
misdemeanor, or felony cases, the court may impose a civil assessment
of up to three hundred dollars ($300) against a defendant who fails,
after notice and without good cause, to appear in court for a
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
agreed to under Section 40510.5 of the Vehicle Code. This assessment
shall be deposited in the Trial Court Trust Fund, as provided in
Section 68085.1 of the Government Code.
(b) (1) The assessment imposed pursuant to subdivision (a) shall
not become effective until at least 20 calendar days after the court
mails a warning notice to the defendant by first-class mail to the
address shown on the notice to appear or to the defendant's last
known address. 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, the court shall vacate
the assessment.
(2) Payment of bail, fines, penalties, fees, or a civil assessment
shall not be required in order for the court to vacate the
assessment at the time of appearance pursuant to paragraph (1).
Payment of a civil assessment shall not be required to schedule a
court hearing on a pending underlying charge.
(c) If a civil assessment is imposed pursuant to subdivision (a),
no bench warrant or warrant of arrest shall be issued with respect to
the failure to appear at the proceeding for which the assessment is
imposed or the failure to pay the fine or installment of bail. An
outstanding, unserved bench warrant or warrant of arrest for a
failure to appear or for a failure to pay a fine or installment of
bail shall be recalled prior to the subsequent imposition of a civil
assessment.
(d) The assessment imposed pursuant to subdivision (a) shall be
subject to the due process requirements governing defense and
collection of civil money judgments generally.
(e) Each court and county shall maintain the collection program
that was in effect on July 1, 2005, unless otherwise agreed to by the
court and county. If a court and a county do not agree on a plan for
the collection of civil assessments imposed pursuant to this
section, or any other collections under Section 1463.010, after the
implementation of Sections 68085.6 and 68085.7 of the Government
Code, the court or the county may request arbitration by a third
party mutually agreed upon by the Administrative Director of the
Courts and the California State Association of Counties.