Section 40510.5 Of Article 2. Release Upon Promise To Appear From California Vehicle Code >> Division 17. >> Chapter 2. >> Article 2.
40510.5
. (a) The clerk of the court may accept a payment and
forfeiture of at least 10 percent of the total bail amount for each
infraction violation of this code prior to the date on which the
defendant promised to appear, or prior to the expiration of any
lawful continuance of that date, or upon receipt of information that
an action has been filed and prior to the scheduled court date, if
all of the following circumstances exist:
(1) The defendant is charged with an infraction violation of this
code or an infraction violation of an ordinance adopted pursuant to
this code.
(2) The defendant submits proof of correction, when proof of
correction is mandatory for a correctable offense.
(3) The offense does not require an appearance in court.
(4) The defendant signs a written agreement to pay and forfeit the
remainder of the required bail according to an installment schedule
as agreed upon with the court. The Judicial Council shall prescribe
the form of the agreement for payment and forfeiture of bail in
installments for infraction violations.
(b) When a clerk accepts an agreement for payment and forfeiture
of bail in installments, the clerk shall continue the appearance date
of the defendant to the date to complete payment and forfeiture of
bail in the agreement.
(c) Except for subdivisions (b) and (c) of Section 1269b and
Section 1305.1, the provisions of Chapter 1 (commencing with Section
1268) of Title 10 of Part 2 of the Penal Code do not apply to an
agreement to pay and forfeit bail in installments under this section.
(d) For the purposes of reporting violations of this code to the
department under Section 1803, the date that the defendant signs an
agreement to pay and forfeit bail in installments shall be reported
as the date of conviction.
(e) When the defendant fails to make an installment payment
according to an agreement under subdivision (a) above, the court may
charge a failure to appear or pay under Section 40508 and impose a
civil assessment as provided in Section 1214.1 of the Penal Code or
issue an arrest warrant for a failure to appear.
(f) Payment of a bail amount under this section is forfeited when
collected and shall be distributed by the court in the same manner as
other fines, penalties, and forfeitures collected for infractions.
(g) The defendant shall pay to the clerk of the court or the
collecting agency a fee for the processing of installment accounts.
This fee shall equal the administrative and clerical costs, as
determined by the board of supervisors or by the court, except that
the fee shall not exceed thirty-five dollars ($35).