Amended  IN  Assembly  May 24, 2022
Amended  IN  Senate  March 31, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 1096

Introduced by Senator Limón

February 16, 2022

An act to add Section 68645.15 to the Government Code, relating to courts.


LEGISLATIVE COUNSEL'S DIGEST


SB 1096, as amended, Limón. Online tool: traffic violator school.
Existing law requires the Judicial Council to develop an online tool for adjudicating infraction violations, including ability-to-pay determinations, to implement the tool on a phased schedule, and to make this tool available statewide on or before June 30, 2024. Existing law permits a court to allow defendants to agree to forfeit bail, plead guilty or nolo contendere, request an ability-to-pay determination, or otherwise adjudicate matters through the use of technology, for all infraction violations for which an in-person appearance is not required.
Existing law provides for the licensing and administration by the Department of Motor Vehicles of traffic violator schools, operators, and instructors. Existing law allows the court, after a deposit of the specified fee or bail, a plea of guilty or no contest, or a conviction, to order or permit a person who holds specified driver’s licenses to attend a traffic violator school for a traffic offense.
This bill would prohibit a defendant’s request for an ability-to-pay determination through the online tool from impacting their eligibility to attend traffic violator school. The bill would also specify that the court is not precluded from ordering or permitting a defendant to participate in traffic violator school if the defendant elects to use the online tool.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 68645.15 is added to the Government Code, to read:

68645.15.
 (a)A defendant’s request for an ability-to-pay determination through the online tool shall not impact their eligibility to attend traffic violator school. school pursuant to Section 42005 of the Vehicle Code.

(b)If a defendant elects to use the online tool, the court is not precluded from ordering or permitting a defendant to participate in traffic violator school pursuant to Section 42005 of the Vehicle Code.