Assembly BillVetoedPenal
AB 2122: Infractions: warrants and penalties.
What AB 2122 does, verified September 21, 2026
<ol> <li>The bill amends existing laws regarding failure to appear in court, making them applicable only if the underlying charge is not an infraction.</li> <li>It prohibits issuing arrest warrants for infractions under the vehicle code and limits other infraction bench warrants to immediate release after booking.</li> <li>The bill removes misdemeanor status and reporting requirements for failing to appear in court when the original charge was an infraction.</li> <li>It eliminates misdemeanor penalties and arrest warrant issuance for failing to pay bail installments or fines if the initial charge was an infraction.</li> <li>The bill also removes the requirement for magistrates to issue bench warrants for certain infractions involving road safety violations if a defendant fails to appear.</li> </ol>
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Last action: Vetoed by Governor. (2026-09-20)Alert me
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| Sep. 20, 2026 | Vetoed by Governor. |
| Sep. 03, 2026 | Enrolled and presented to the Governor at 4 p.m. |
| Aug. 27, 2026 | In Assembly. Ordered to Engrossing and Enrolling. |
| Aug. 26, 2026 | Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 11.). |
| Aug. 13, 2026 | Read second time. Ordered to third reading. |
Latest bill textEnrolled version, August 30, 2026 · 9,758 words
| Enrolled August 30, 2026 |
| Passed IN Senate August 26, 2026 |
| Passed IN Assembly May 22, 2026 |
| Amended IN Assembly April 16, 2026 |
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Assembly Bill
No. 2122
| Introduced by Assembly Members Kalra and Lowenthal (Principal coauthor: Assembly Member Bryan) (Coauthors: Assembly Members Harabedian, Schultz, and Sharp-Collins) (Coauthor: Senator Pérez) |
February 18, 2026 |
An act to amend Sections 19.7, 853.6, 853.7, 853.8, 978.5, and 1043 of the Penal Code, and to amend Sections 1803, 40508, 40510.5, 40512, 40512.5, 40514, and 40515 of the Vehicle Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 2122, Kalra. Infractions: warrants and penalties.
(1) Existing law makes it a misdemeanor to willfully fail to appear in court, as specified. Existing law, when a person has failed to appear and has not posted bail, requires the magistrate to issue a warrant for the person’s arrest within 20 days of the failure to appear.
This bill would make those sections only apply when the underlying charge is not an infraction.
(2) Existing law authorizes the issuance of a bench warrant of arrest when a person fails to appear in court as promised in specified criminal proceedings.
This bill would prohibit the issuance of a bench warrant of arrest when the underlying crime is an infraction issued pursuant to the Vehicle Code. The bill would require bench warrants for other infractions to be limited to only authorizing arrest and booking at the scene followed by immediate release, as specified.
(3) Existing law makes it a misdemeanor to willfully fail to appear in court for a violation of the Vehicle Code, and requires the court to report a conviction of this offense to the Department of Motor Vehicles.
This bill would make that misdemeanor only apply when the underlying charge is not an infraction. The bill would also remove the requirement for the court to report a conviction of this offense to the department.
(4) Existing law authorizes the imposition of a civil assessment or the issuance of an arrest warrant when a person fails to make an installment payment on bail imposed by the court for an infraction violation of the Vehicle Code. Existing law also makes it a misdemeanor to fail to pay bail in installments or to fail to pay a fine imposed for the violation of a state or local traffic law.
This bill would remove the misdemeanor for failure to pay a bail installment or fine if the original charge was an infraction. The bill would remove the authorization to issue an arrest warrant for failure to pay a bail installment.
(5) Existing law, if a defendant does not appear at the time the case is called for a violation of the Vehicle Code, authorizes the court to declare the bail forfeited and order that no further proceedings be had in the case, or to issue a warrant for the arrest of the defendant. However, if a defendant is charged with specified crimes, including disposing of a flaming or glowing substance on or near a road and littering a highway, has previously been convicted of the same crime, and fails to appear at the time the case is called to trial, existing law authorizes the court to declare the bail forfeited and requires the court to issue a bench warrant for the arrest of the person charged, unless the magistrate finds that undue hardship will be imposed by requiring the defendant to appear.
This bill would remove the requirement that the magistrate issue a bench warrant when the person has committed one of the crimes specified above.
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) Each year California processes over 3 million infractions.
(b) Infractions are low-level violations, enforced by tickets, and punishable only by a fine. Court appearances are not required for infractions so long as a person pays their ticket. When people fail to pay the ticket or alternatively appear in court, however, state law currently authorizes courts to issue bench warrants for their arrest. This sets up a two-tiered system of justice. Those who can afford to pay avoid further punishment, while those who cannot may face incarceration.
(c) An infraction bench warrant converts an otherwise nonjailable offense into the basis for a person’s incarceration. The punishment for failing to pay or appear is thus much more severe than the initial ticket or fine. A person’s arrest and incarceration on an infraction bench warrant, resulting from nonpayment of a fine, is effectively a form of debtor’s prison.
(d) Many people who are issued infraction tickets have good reasons for failing to pay or appear in court. Many do not receive notice, cannot afford to pay the ticket, were not able to get off work or get childcare, are experiencing mental or physical health issues, or understandably are fearful of appearing in court.
(e) Many people issued infraction tickets cannot afford to pay. A 2022 Debt Free Justice California survey of people exiting traffic courts found that over 70 percent of people could not afford to pay a $300 assessment. The Federal Reserve Board’s Survey of Household Economics and Decisionmaking found that over 40 percent of families do not have enough money saved to cover a $400 emergency expense.
(f) Black, Brown, and Indigenous people are disproportionately stopped, cited, and arrested by law enforcement for infractions. According to the Racial and Identity Profiling Advisory Board, Black people are nearly 10 times as likely to receive a citation for an infraction as White individuals. Data from the county of San Francisco show that, though Black people only make up 5.8 percent of the local population, due to systemic racism and targeted, unjust policing, 48.7 percent of those arrested for “failure to appear or pay” traffic court warrants are Black. Data obtained from the Los Angeles County Sheriff’s Department through a Public Records Act request show that nearly 90 percent of the thousands of people arrested by the Sheriff’s Department on traffic infraction bench warrants were Black or Latinx.
(g) A substantial body of social science research, including the research documented in the Ella Baker Center report “Who Pays? The True Cost of Incarceration on Families,” shows that an arrest can have adverse and long-term consequences, such as negative impacts on one’s ability to secure housing, employment, and higher education opportunities, and that even short periods of detention may make people more likely to become involved with the legal system again.
(h) Existing law provides courts with other tools to respond to nonpayment of infraction tickets, which do not involve arrest and incarceration, such as civil collections. Research from ideas42 and the University of Chicago CrimeLab shows that alternatives to warrants such as improved notices and reminders and common sense collections practices are more effective at generating timely court appearances and payments.
SEC. 2.
It is the intent of the Legislature to eliminate arrest warrants for infractions as a step towards ending debtor’s prisons in California.SEC. 3.
Section 19.7 of the Penal Code is amended to read:19.7.
Except as otherwise provided by law, all laws relating to misdemeanors, except for the authority to issue bench warrants, shall apply to infractions, including, but not limited to, powers of peace officers, jurisdiction of courts, periods for commencing action and for bringing a case to trial, and burden of proof.SEC. 4.
Section 853.6 of the Penal Code, as amended by Section 5 of Chapter 168 of the Statutes of 2024, is amended to read:853.6.
(a) (1) When a person is arrested for an offense declared to be a misdemeanor, including a violation of a city or county ordinance, and does not demand to be taken before a magistrate, that person shall, instead of being taken before a magistrate, be released according to the procedures set forth by this chapter, although nothing prevents an officer from first booking an arrestee pursuant to subdivision (g). If the person is released, the officer or the officer’s superior shall prepare in duplicate a written notice to appear in court, containing the name and address of the person, the offense charged, and the time when, and place where, the person shall appear in court. If, pursuant to subdivision (i), the person is not released prior to being booked and the officer in charge of the booking or the officer’s superior determines that the person should be released, the officer or the officer’s superior shall prepare a written notice to appear in a court.(2) When a person is arrested for a misdemeanor violation of a protective court order involving domestic violence, as defined in Section 13700, or arrested pursuant to a policy, as described in Section 13701, the person shall be taken before a magistrate instead of being released according to the procedures set forth in this chapter, unless the arresting officer determines that there is not a reasonable likelihood that the offense will continue or resume or that the safety of persons or property would be imminently endangered by release of the person arrested. Prior to adopting these provisions, each city, county, or city and county shall develop a protocol to assist officers to determine when arrest and release is appropriate, rather than taking the arrested person before a magistrate. The county shall establish a committee to develop the protocol, consisting of, at a minimum, the police chief or county sheriff within the jurisdiction, the district attorney, county counsel, city attorney, representatives from domestic violence shelters, domestic violence councils, and other relevant community agencies.
(3) This subdivision does not apply to the crimes specified in Section 1270.1, including crimes defined in each of the following:
(A) Paragraph (1) of subdivision (e) of Section 243.
(B) Section 273.5.
(C) Section 273.6, if the detained person made threats to kill or harm, has engaged in violence against, or has gone to the residence or workplace of, the protected party.
(D) Section 646.9.
(4) This subdivision shall not affect a defendant’s ability to be released on bail or on their own recognizance, except as specified in Section 1270.1.
(b) Unless waived by the person, the time specified in the notice to appear shall be at least 10 days after arrest if the duplicate notice is to be filed by the officer with the magistrate.
(c) The place specified in the notice shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by that court to receive a deposit of bail.
(d) The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall give their written promise to appear in court as specified in the notice by signing the duplicate notice, which shall be retained by the officer, and the officer may require the arrested person, if the arrested person has no satisfactory identification, to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the notice to appear. Except for law enforcement purposes relating to the identity of the arrestee, a person or entity shall not sell, give away, allow the distribution of, include in a database, or create a database with, this print. Upon the signing of the duplicate notice, the arresting officer shall immediately release the person arrested from custody.
(e) The officer shall, as soon as practicable, file the duplicate notice, as follows:
(1) It shall be filed with the magistrate if the offense charged is an infraction.
(2) It shall be filed with the magistrate if the prosecuting attorney has previously directed the officer to do so.
(3) (A) The duplicate notice and underlying police reports in support of the charge or charges shall be filed with the prosecuting attorney in cases other than those specified in paragraphs (1) and (2).
(B) If the duplicate notice is filed with the prosecuting attorney, the prosecuting attorney, within their discretion, may initiate prosecution by filing the notice or a formal complaint with the magistrate specified in the duplicate notice within 25 days from the time of arrest. If the prosecution is not to be initiated, the prosecutor shall send notice to the person arrested at the address on the notice to appear. The failure by the prosecutor to file the notice or formal complaint within 25 days of the time of the arrest shall not bar further prosecution of the misdemeanor charged in the notice to appear. However, any further prosecution shall be preceded by a new and separate citation or an arrest warrant.
(C) Upon the filing of the notice with the magistrate by the officer, or the filing of the notice or formal complaint by the prosecutor, the magistrate may fix the amount of bail that in the magistrate’s judgment, in accordance with Section 1275, is reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by the magistrate in the form set forth in Section 815a. The defendant may, prior to the date upon which the defendant promised to appear in court, deposit with the magistrate the amount of bail set by the magistrate. At the time the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may, in the magistrate’s discretion, order that further proceedings shall not be had in the case, unless the defendant has been charged with a violation of Section 374.3 or 374.7 of this code or of Section 11357, 11360, or 13002 of the Health and Safety Code, or a violation punishable under Section 5008.7 of the Public Resources Code, and the defendant has previously been convicted of a violation of that section or a violation that is punishable under that section, except when the magistrate finds that undue hardship will be imposed upon the defendant by requiring the defendant to appear, the magistrate may declare the bail forfeited and order that further proceedings not be had in the case.
(D) Upon the making of the order that further proceedings not be had, all sums deposited as bail shall immediately be paid into the county treasury for distribution pursuant to Section 1463.
(f) A warrant shall not be issued for the arrest of a person who has given a written promise to appear in court, unless and until the person has violated that promise or has failed to deposit bail, to appear for arraignment, trial, or judgment, or to comply with the terms and provisions of the judgment, as required by law.
(g) The officer may book the arrested person at the scene or at the arresting agency prior to release or indicate on the citation that the arrested person shall appear at the arresting agency to be booked or indicate on the citation that the arrested person shall appear at the arresting agency to be fingerprinted prior to the date the arrested person appears in court. A person arrested for a warrant issued pursuant to subdivision (d) of Section 978.5 may not be booked at the arresting agency and shall be released at the scene. If it is indicated on the citation that the arrested person shall be booked or fingerprinted prior to the date of the person’s court appearance, the arresting agency, at the time of booking or fingerprinting, shall provide the arrested person with verification of the booking or fingerprinting by making an entry on the citation. If it is indicated on the citation that the arrested person is to be booked or fingerprinted, the magistrate, judge, or court shall, before the proceedings begin, order the defendant to provide verification that the defendant was booked or fingerprinted by the arresting agency. If the defendant cannot produce the verification, the magistrate, judge, or court shall require that the defendant be booked or fingerprinted by the arresting agency before the next court appearance, and that the defendant provide the verification at the next court appearance unless both parties stipulate that booking or fingerprinting is not necessary.
(h) A peace officer shall use the written notice to appear procedure set forth in this section for any misdemeanor offense in which the officer has arrested a person without a warrant pursuant to Section 836 or in which the officer has taken custody of a person pursuant to Section 847.
(i) (1) When a person is arrested by a peace officer for a misdemeanor, that person shall be released according to the procedures set forth in this chapter unless one of the following is a reason for nonrelease, in which case the arresting officer may release the person, except as provided in subdivision (a), or the arresting officer shall indicate, on a form to be established by the officer’s employing law enforcement agency, which of the following was a reason for the nonrelease:
(A) The person arrested was so intoxicated that they could have been a danger to themselves or to others.
(B) The person arrested required medical examination or medical care or was otherwise unable to care for their own safety.
(C) The person was arrested under one or more of the circumstances listed in Sections 40302 and 40303 of the Vehicle Code.
(D) There were one or more outstanding arrest warrants for the person, other than a warrant issued pursuant to subdivision (d) of Section 978.5.
(E) The person could not provide satisfactory evidence of personal identification.
(F) The prosecution of the offense or offenses for which the person was arrested, or the prosecution of any other offense or offenses, would be jeopardized by immediate release of the person arrested.
(G) There was a reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be imminently endangered by release of the person arrested.
(H) The person arrested demanded to be taken before a magistrate or refused to sign the notice to appear.
(I) There is reason to believe that the person would not appear at the time and place specified in the notice. The basis for this determination shall be specifically stated.
(J) (i) The person was subject to Section 1270.1.
(ii) The form shall be filed with the arresting agency as soon as practicable and shall be made available to any party having custody of the arrested person, subsequent to the arresting officer, and to any person authorized by law to release the arrested person from custody before trial.
(K) The person has been cited, arrested, or convicted for misdemeanor or felony theft from a store in the previous six months.
(L) There is probable cause to believe that the person arrested is guilty of committing organized retail theft, as defined in subdivision (a) of Section 490.4.
(2) The reasons for nonrelease set forth in this subdivision do not apply to arrests for warrants issued pursuant to subdivision (d) of Section 978.5.
(j) (1) Once the arresting officer has prepared the written notice to appear and has delivered a copy to the person arrested, the officer shall deliver the remaining original and all copies as provided by subdivision (e).
(2) Any person, including the arresting officer and any member of the officer’s department or agency, or any peace officer, who alters, conceals, modifies, nullifies, or destroys, or causes to be altered, concealed, modified, nullified, or destroyed, the face side of the remaining original or a copy of a citation that was retained by the officer, for any reason, before it is filed with the magistrate or with a person authorized by the magistrate to receive deposit of bail, is guilty of a misdemeanor.
(3) If, after an arrested person has signed and received a copy of a notice to appear, the arresting officer determines that, in the interest of justice, the citation or notice should be dismissed, the arresting agency may recommend, in writing, to the magistrate that the charges be dismissed. The recommendation shall cite the reasons for the recommendation and shall be filed with the court.
(4) If the magistrate makes a finding that there are grounds for dismissal, the finding shall be entered in the record and the charges dismissed.
(5) A personal relationship with any officer, public official, or law enforcement agency shall not be grounds for dismissal.
(k) (1) A person contesting a charge by claiming under penalty of perjury not to be the person issued the notice to appear may choose to submit a right thumbprint, or a left thumbprint if the person has a missing or disfigured right thumb, to the issuing court through the person’s local law enforcement agency for comparison with the one placed on the notice to appear. A local law enforcement agency providing this service may charge the requester no more than the actual costs. The issuing court may refer the thumbprint submitted and the notice to appear to the prosecuting attorney for comparison of the thumbprints. When there is no thumbprint or fingerprint on the notice to appear, or when the comparison of thumbprints is inconclusive, the court shall refer the notice to appear or copy thereof back to the issuing agency for further investigation, unless the court finds that referral is not in the interest of justice.
(2) Upon initiation of the investigation or comparison process by referral of the court, the court shall continue the case and the speedy trial period shall be tolled for 45 days.
(3) Upon receipt of the issuing agency’s or prosecuting attorney’s response, the court may make a finding of factual innocence pursuant to Section 530.6 if the court determines that there is insufficient evidence that the person cited is the person charged and shall immediately notify the Department of Motor Vehicles of its determination. If the Department of Motor Vehicles determines the citation or citations in question formed the basis of a suspension or revocation of the person’s driving privilege, the department shall immediately set aside the action.
(4) If the prosecuting attorney or issuing agency fails to respond to a court referral within 45 days, the court shall make a finding of factual innocence pursuant to Section 530.6, unless the court finds that a finding of factual innocence is not in the interest of justice.
(5) The citation or notice to appear may be held by the prosecuting attorney or issuing agency for future adjudication should the arrestee who received the citation or notice to appear be found.
(l) For purposes of this section, the term “arresting agency” includes any other agency designated by the arresting agency to provide booking or fingerprinting services.
(m) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 5.
Section 853.6 of the Penal Code, as amended by Section 6 of Chapter 168 of the Statutes of 2024, is amended to read:853.6.
(a) (1) When a person is arrested for an offense declared to be a misdemeanor, including a violation of a city or county ordinance, and does not demand to be taken before a magistrate, that person shall, instead of being taken before a magistrate, be released according to the procedures set forth by this chapter, however an officer may first book an arrestee pursuant to subdivision (g). If the person is released, the officer or the officer’s superior shall prepare, in duplicate, a written notice to appear in court, containing the name and address of the person, the offense charged, and the time when, and place where, the person shall appear in court. If, pursuant to subdivision (i), the person is not released prior to being booked and the officer in charge of the booking or the officer’s superior determines that the person should be released, the officer or the officer’s superior shall prepare a written notice to appear in a court.(2) When a person is arrested for a misdemeanor violation of a protective court order involving domestic violence, as defined in subdivision (b) of Section 13700, or arrested pursuant to a policy described in Section 13701, the person shall be taken before a magistrate instead of being released according to the procedures set forth in this chapter, unless the arresting officer determines that there is not a reasonable likelihood that the offense will continue or resume or that the safety of persons or property would be imminently endangered by release of the person arrested. Prior to adopting these provisions, each city, county, or city and county shall develop a protocol to assist officers to determine when arrest and release is appropriate, rather than taking the arrested person before a magistrate. The county shall establish a committee to develop the protocol, consisting of, at a minimum, the police chief or county sheriff within the jurisdiction, the district attorney, county counsel, city attorney, representatives from domestic violence shelters, domestic violence councils, and other relevant community agencies.
(3) This subdivision shall not apply to the crimes specified in Section 1270.1, including crimes defined in each of the following:
(A) Paragraph (1) of subdivision (e) of Section 243.
(B) Section 273.5.
(C) Section 273.6, if the detained person made threats to kill or harm, has engaged in violence against, or has gone to the residence or workplace of, the protected party.
(D) Section 646.9.
(4) This subdivision does not affect a defendant’s ability to be released on bail or on their own recognizance, except as specified in Section 1270.1.
(b) Unless waived by the person, the time specified in the notice to appear shall be at least 10 days after arrest if the duplicate notice is to be filed by the officer with the magistrate.
(c) The place specified in the notice shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by that court to receive a deposit of bail.
(d) The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall give their written promise to appear in court as specified in the notice by signing the duplicate notice, which shall be retained by the officer. The officer may require the arrested person, if the arrested person has no satisfactory identification, to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the notice to appear. Except for law enforcement purposes relating to the identity of the arrestee, a person or entity may not sell, give away, allow the distribution of, include in a database, or create a database with, this print. Upon the person signing the duplicate notice, the arresting officer shall immediately release the person arrested from custody.
(e) The officer shall, as soon as practicable, file the duplicate notice, as follows:
(1) It shall be filed with the magistrate if the offense charged is an infraction.
(2) It shall be filed with the magistrate if the prosecuting attorney has previously directed the officer to do so.
(3) (A) The duplicate notice and underlying police reports in support of the charge or charges shall be filed with the prosecuting attorney in cases other than those specified in paragraphs (1) and (2).
(B) If the duplicate notice is filed with the prosecuting attorney, the prosecuting attorney, within their discretion, may initiate prosecution by filing the notice or a formal complaint with the magistrate specified in the duplicate notice within 25 days from the time of arrest. If the prosecution is not to be initiated, the prosecutor shall send notice to the person arrested at the address on the notice to appear. The failure by the prosecutor to file the notice or formal complaint within 25 days of the time of the arrest shall not bar further prosecution of the misdemeanor charged in the notice to appear. However, any further prosecution shall be preceded by a new and separate citation or an arrest warrant.
(C) Upon the filing of the notice with the magistrate by the officer, or the filing of the notice or formal complaint by the prosecutor, the magistrate may fix the amount of bail that in the magistrate’s judgment, in accordance with Section 1275, is reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by the magistrate in the form set forth in Section 815a. The defendant may, prior to the date upon which the defendant promised to appear in court, deposit with the magistrate the amount of bail set by the magistrate. When the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may, in the magistrate’s discretion, order that no further proceedings shall be had in the case, unless the defendant has been charged with a violation of Section 374.3 or 374.7 of this code or of Section 11357, 11360, or 13002 of the Health and Safety Code, or a violation punishable under Section 5008.7 of the Public Resources Code, and the defendant has previously been convicted of a violation of that section or a violation that is punishable under that section, except in cases where the magistrate finds that undue hardship will be imposed upon the defendant by requiring the defendant to appear, the magistrate may declare the bail forfeited and order that no further proceedings be had in the case.
(D) Upon the making of the order that no further proceedings be had, all sums deposited as bail shall immediately be paid into the county treasury for distribution pursuant to Section 1463.
(f) A warrant shall not be issued for the arrest of a person who has given a written promise to appear in court, unless and until the person has violated that promise or has failed to deposit bail, to appear for arraignment, trial, or judgment or to comply with the terms and provisions of the judgment, as required by law.
(g) The officer may book the arrested person at the scene or at the arresting agency prior to release or indicate on the citation that the arrested person shall appear at the arresting agency to be booked or indicate on the citation that the arrested person shall appear at the arresting agency to be fingerprinted prior to the date the arrested person appears in court. A person arrested for a warrant issued pursuant to subdivision (d) of Section 978.5 may not be booked at the arresting agency and shall be released at the scene. If it is indicated on the citation that the arrested person shall be booked or fingerprinted prior to the date of the person’s court appearance, the arresting agency, at the time of booking or fingerprinting, shall provide the arrested person with verification of the booking or fingerprinting by making an entry on the citation. If it is indicated on the citation that the arrested person is to be booked or fingerprinted, the magistrate, judge, or court shall, before the proceedings begin, order the defendant to provide verification that the defendant was booked or fingerprinted by the arresting agency. If the defendant cannot produce the verification, the magistrate, judge, or court shall require that the defendant be booked or fingerprinted by the arresting agency before the next court appearance, and that the defendant provide the verification at the next court appearance unless both parties stipulate that booking or fingerprinting is not necessary.
(h) A peace officer shall use the written notice to appear procedure set forth in this section for any misdemeanor offense in which the officer has arrested a person without a warrant pursuant to Section 836 or in which the officer has taken custody of a person pursuant to Section 847.
(i) (1) When a person is arrested by a peace officer for a misdemeanor, that person shall be released according to the procedures set forth by this chapter unless one of the following is a reason for nonrelease, in which case the arresting officer may release the person, except as provided in subdivision (a), or the arresting officer shall indicate, on a form to be established by the officer’s employing law enforcement agency, which of the following was a reason for the nonrelease:
(A) The person arrested was so intoxicated that they could have been a danger to themselves or to others.
(B) The person arrested required medical examination or medical care or was otherwise unable to care for their own safety.
(C) The person was arrested under one or more of the circumstances listed in Sections 40302 and 40303 of the Vehicle Code.
(D) There were one or more outstanding arrest warrants for the person, other than a warrant issued pursuant to subdivision (d) of Section 978.5.
(E) The person could not provide satisfactory evidence of personal identification.
(F) The prosecution of the offense or offenses for which the person was arrested, or the prosecution of any other offense or offenses, would be jeopardized by immediate release of the person arrested.
(G) There was a reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be imminently endangered by release of the person arrested.
(H) The person arrested demanded to be taken before a magistrate or refused to sign the notice to appear.
(I) There is reason to believe that the person would not appear at the time and place specified in the notice. The basis for this determination shall be specifically stated.
(J) (i) The person was subject to Section 1270.1.
(ii) The form shall be filed with the arresting agency as soon as practicable and shall be made available to any party having custody of the arrested person, subsequent to the arresting officer, and to any person authorized by law to release the arrested person from custody before trial.
(2) The reasons for nonrelease set forth in this subdivision do not apply to arrests for warrants issued pursuant to subdivision (d) of Section 978.5.
(j) (1) Once the arresting officer has prepared the written notice to appear and has delivered a copy to the person arrested, the officer shall deliver the remaining original and all copies as provided by subdivision (e).
(2) A person, including the arresting officer and any member of the officer’s department or agency, or any peace officer, who alters, conceals, modifies, nullifies, or destroys, or causes to be altered, concealed, modified, nullified, or destroyed, the face side of the remaining original or any copy of a citation that was retained by the officer, for any reason, before it is filed with the magistrate or with a person authorized by the magistrate to receive deposit of bail, is guilty of a misdemeanor.
(3) If, after an arrested person has signed and received a copy of a notice to appear, the arresting officer determines that, in the interest of justice, the citation or notice should be dismissed, the arresting agency may recommend, in writing, to the magistrate that the charges be dismissed. The recommendation shall cite the reasons for the recommendation and shall be filed with the court.
(4) If the magistrate makes a finding that there are grounds for dismissal, the finding shall be entered in the record and the charges dismissed.
(5) A personal relationship with any officer, public official, or law enforcement agency shall not be grounds for dismissal.
(k) (1) A person contesting a charge by claiming under penalty of perjury not to be the person issued the notice to appear may choose to submit a right thumbprint, or a left thumbprint if the person has a missing or disfigured right thumb, to the issuing court through the person’s local law enforcement agency for comparison with the one placed on the notice to appear. A local law enforcement agency providing this service may charge the requester no more than the actual costs. The issuing court may refer the thumbprint submitted and the notice to appear to the prosecuting attorney for comparison of the thumbprints. When there is no thumbprint or fingerprint on the notice to appear, or when the comparison of thumbprints is inconclusive, the court shall refer the notice to appear, or a copy thereof, back to the issuing agency for further investigation, unless the court finds that referral is not in the interest of justice.
(2) Upon initiation of the investigation or comparison process by referral of the court, the court shall continue the case and the speedy trial period shall be tolled for 45 days.
(3) Upon receipt of the issuing agency’s or prosecuting attorney’s response, the court may make a finding of factual innocence pursuant to Section 530.6 if the court determines that there is insufficient evidence that the person cited is the person charged and shall immediately notify the Department of Motor Vehicles of its determination. If the Department of Motor Vehicles determines the citation or citations in question formed the basis of a suspension or revocation of the person’s driving privilege, the department shall immediately set aside the action.
(4) If the prosecuting attorney or issuing agency fails to respond to a court referral within 45 days, the court shall make a finding of factual innocence pursuant to Section 530.6, unless the court finds that a finding of factual innocence is not in the interest of justice.
(5) The citation or notice to appear may be held by the prosecuting attorney or issuing agency for future adjudication should the arrestee who received the citation or notice to appear be found.
(l) For purposes of this section, the term “arresting agency” includes any other agency designated by the arresting agency to provide booking or fingerprinting services.
(m) This section shall become operative on January 1, 2031.
SEC. 6.
Section 853.7 of the Penal Code is amended to read:853.7.
Any person who willfully violates their written promise to appear or a lawfully granted continuance of their promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the charge upon which they were originally arrested. This section shall not apply where the underlying charge is an infraction.SEC. 7.
Section 853.8 of the Penal Code is amended to read:853.8.
When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Section 853.6, the magistrate shall issue and have delivered for execution a warrant for their arrest within 20 days after their failure to appear as promised or within 20 days after their failure to appear after a lawfully granted continuance of their promise to appear. This section does not permit a warrant to issue if the underlying charge is an infraction.SEC. 8.
Section 978.5 of the Penal Code, as added by Section 4 of Chapter 856 of the Statutes of 2022, is amended to read:978.5.
(a) A bench warrant of arrest may be issued when a defendant fails to appear in court as required by law, including, but not limited to, any of the following situations:(1) If the defendant is ordered by a judge or magistrate to personally appear in court at a specific time and place.
(2) If the defendant is released from custody on bail and is ordered by a judge or magistrate, or other person authorized to accept bail, to personally appear in court at a specific time and place.
(3) If the defendant is released from custody on their own recognizance and promises to personally appear in court at a specific time and place.
(4) If the defendant is released from custody or arrest upon citation by a peace officer or other person authorized to issue citations and the defendant has signed a promise to personally appear in court at a specific time and place.
(5) If a defendant is authorized to appear by counsel and the court or magistrate orders that the defendant personally appear in court at a specific time and place.
(6) If an information or indictment has been filed in the superior court and the court has fixed the date and place for the defendant personally to appear for arraignment.
(b) The bench warrant may be served in any county in the same manner as a warrant of arrest.
(c) This section does not apply to infractions issued pursuant to the Vehicle Code.
(d) For infractions charged under any provision of state law other than the Vehicle Code, or under any local ordinance, a bench warrant issued pursuant to this section shall be limited to authorizing arrest and booking at the scene followed by immediate release according to the procedures outlined in Section 853.6.
SEC. 9.
Section 1043 of the Penal Code is amended to read:1043.
(a) Except as otherwise provided in this section, the defendant in a felony case shall be personally present at the trial.(b) The absence of the defendant in a felony case after the trial has commenced in their physical presence shall not prevent continuing the trial to, and including, the return of the verdict in any of the following cases:
(1) Any case in which the defendant, after being warned by the judge that they will be removed if they continue their disruptive behavior, nevertheless insists on acting in a manner so disorderly, disruptive, and disrespectful of the court that the trial cannot be carried on with the defendant present in the courtroom.
(2) Any prosecution for an offense which is not punishable by death in which the defendant is voluntarily absent.
(c) Any defendant who is absent from a trial pursuant to paragraph (1) of subdivision (b) may reclaim the right to be present at the trial as soon as they are willing to act consistently with the decorum and respect inherent in the concept of courts and judicial proceedings.
(d) Subdivisions (a) and (b) shall not limit the right of a defendant to waive the right to be present in accordance with Section 977.
(e) If the defendant in a misdemeanor case fails to appear in person at the time set for trial or during the course of trial, the court shall proceed with the trial, unless good cause for a continuance exists, if the defendant has authorized their counsel to proceed in their absence pursuant to subdivision (a) of Section 977.
If there is no authorization pursuant to subdivision (a) of Section 977 and if the defendant fails to appear in person at the time set for trial or during the course of trial, the court, in its discretion, may do one or more of the following, as it deems appropriate:
(1) Continue the matter.
(2) Order bail forfeited or revoke release on the defendant’s own recognizance.
(3) Issue a bench warrant.
(4) (A) If the defendant is in custody, proceed with the trial in the defendant’s absence as authorized in subdivision (f).
(B) If the defendant is out of custody, proceed with the trial if the court finds the defendant has absented themselves voluntarily with full knowledge that the trial is to be held or is being held.
(f) (1) A trial shall be deemed to have commenced in the presence of the defendant for purposes of subdivision (b), or may proceed pursuant to paragraph (4) of subdivision (e), if the court finds, by clear and convincing evidence, all of the following to be true:
(A) The defendant is in custody and is refusing, without good cause, to appear in court on that day for that trial.
(B) The defendant has been informed of their right and obligation to be personally present in court.
(C) The defendant has been informed that the trial will proceed without the defendant being present.
(D) The defendant has been informed that they have the right to remain silent during the trial.
(E) The defendant has been informed that their absence without good cause will constitute a voluntary waiver of any constitutional or statutory right to confront any witnesses against them or to testify on their own behalf.
(F) The defendant has been informed whether or not defense counsel will be present.
(2) The court shall state on the record the reasons for the court’s findings and shall cause those findings and reasons to be entered into the minutes.
(3) If the trial lasts for more than one day, the court is required to make the findings required by this subdivision anew for each day that the defendant is absent.
(4) This subdivision does not apply to any trial in which the defendant was personally present in court at the commencement of trial.
(g) This section does not limit the right of the court to order the defendant to be personally present at the trial for purposes of identification unless counsel stipulate to the issue of identity.
(h) Paragraph (3) of subdivision (e) does not apply when the underlying charge is an infraction.
SEC. 10.
Section 1803 of the Vehicle Code, as added by Section 9 of Chapter 226 of the Statutes of 2024, is amended to read:1803.
(a) (1) (A) The clerk of a court in which a person was convicted of a violation listed in subparagraph (B) shall prepare an abstract of the record of the court covering the case within five days after conviction and immediately forward that abstract to the department at its office at Sacramento.(B) Pursuant to subparagraph (A), the clerk of the court shall prepare an abstract of the record of the court covering the case for a violation of any of the following:
(i) This code.
(ii) Subdivisions (a) to (f), inclusive, of Section 655 of the Harbors and Navigation Code pertaining to a mechanically propelled vessel but not to manipulating a water ski, an aquaplane, or similar device.
(iii) Section 655.2, 655.6, 658, or 658.5 of the Harbors and Navigation Code.
(iv) Subdivision (a) of Section 192.5 of the Penal Code.
(v) Subdivision (b) of Section 5387 of the Public Utilities Code.
(vi) An offense involving use or possession of controlled substances under Division 10 (commencing with Section 11000) of the Health and Safety Code.
(vii) A felony offense when a commercial motor vehicle, as defined in subdivision (b) of Section 15210, was involved in, or incidental to, the commission of the offense.
(viii) Any other statute relating to the safe operation of vehicles.
(C) If sentencing is not pronounced in conjunction with the conviction, the abstract shall be forwarded to the department within five days after sentencing, and the abstract shall be certified by the person so required to prepare it to be true and correct.
(2) For the purposes of this section, a forfeiture of bail shall be equivalent to a conviction.
(b) The following violations are not required to be reported under subdivision (a):
(1) Division 3.5 (commencing with Section 9840).
(2) Section 21113, with respect to parking violations.
(3) Chapter 9 (commencing with Section 22500) of Division 11, except Section 22526.
(4) Division 12 (commencing with Section 24000), except Sections 24002, 24004, 24250, 24409, 24604, 24800, 25103, 26707, 27151, 27315, 27360, 27800, and 27801 and Chapter 3 (commencing with Section 26301).
(5) Division 15 (commencing with Section 35000), except Chapter 5 (commencing with Section 35550).
(6) A violation for which a person was cited as a pedestrian or while operating a bicycle or a motorized scooter.
(7) Division 16.5 (commencing with Section 38000), except Sections 38301, 38301.3, 38301.5, 38304.1, and 38504.1.
(8) Subdivision (b) of Section 23221, subdivision (b) of Section 23223, subdivision (b) of Section 23225, and subdivision (b) of Section 23226.
(9) Section 40508.
(c) If the court determines that a prior judgment of conviction of a violation of Section 23152 or 23153 is valid or is invalid on constitutional grounds pursuant to Section 41403, the clerk of the court in which the determination is made shall prepare an abstract of that determination and forward it to the department in the same manner as an abstract of record pursuant to subdivision (a).
(d) Within five days of an order terminating or revoking probation under Section 23602, the clerk of the court in which the order terminating or revoking probation was entered shall prepare and immediately forward to the department at its office in Sacramento an abstract of the record of the court order terminating or revoking probation and any other order of the court to the department required by law.
SEC. 11.
Section 40508 of the Vehicle Code is amended to read:40508.
(a) A person willfully violating their written promise to appear or a lawfully granted continuance of their promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor regardless of the disposition of the charge upon which the person was originally arrested. This subdivision does not apply where the original charge was an infraction.(b) A person willfully failing to pay bail in installments as agreed to under Section 40510.5 or a lawfully imposed fine for a violation of a provision of this code or a local ordinance adopted pursuant to this code within the time authorized by the court and without lawful excuse having been presented to the court on or before the date the bail or fine is due is guilty of a misdemeanor regardless of the full payment of the bail or fine after that time. This subdivision does not apply where the original charge was an infraction.
(c) A person willfully failing to comply with a condition of a court order for a violation of this code, other than for failure to appear or failure to pay a fine, is guilty of a misdemeanor, regardless of their subsequent compliance with the order.
SEC. 12.
Section 40510.5 of the Vehicle Code is amended to read: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 impose a civil assessment as provided in Section 1214.1 of the Penal Code.
(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.
SEC. 13.
Section 40512 of the Vehicle Code is amended to read:40512.
(a) (1) Except as specified in paragraph (2) and subdivision (b), if at the time the case is called for arraignment before the magistrate the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited and may, in the magistrate’s discretion, order that no further proceedings be had in the case, unless the defendant has been charged with a violation of Section 23111 or 23112, or subdivision (a) of Section 23113, and the defendant has been previously convicted of the same offense, except if the magistrate finds that undue hardship will be imposed upon the defendant by requiring the defendant to appear, the magistrate may declare the bail forfeited and order that no further proceedings shall be had in the case.(2) If the defendant has posted surety bail and the magistrate has ordered the bail forfeited and that no further proceedings shall be had in the case, the bail retains the right to obtain relief from the forfeiture as provided in Section 1305 of the Penal Code if the amount of the bond, money, or property deposited exceeds seven hundred dollars ($700).
(b) (1) If, at the time the case is called for a compliance appearance before the magistrate, the defendant has entered into a bail installment agreement pursuant to Section 40510.5 but has not made an installment payment as agreed and does not appear, either in person or by counsel, the court may continue the arraignment to a date beyond the last agreed upon installment payment, or impose a civil assessment as provided in Section 1214.1 of the Penal Code for the failure to appear.
(2) If, at the time the case is called for a compliance appearance before the magistrate, the defendant has paid all required bail funds and the defendant does not appear, either in person or by counsel, the court may order that no further proceedings shall be had in the case, unless the defendant has been charged with a violation of Section 23111 or 23112, or subdivision (a) of Section 23113, and the defendant has been previously convicted of the same offense, except that if the magistrate finds that undue hardship will be imposed upon the defendant by requiring them to appear, the magistrate may order that no further proceedings shall be had in the case.
(c) Upon the making of the order that no further proceedings shall be had, all sums deposited as bail shall be paid into the city or county treasury, as the case may be.
(d) If a guaranteed traffic arrest bail bond certificate has been filed, the clerk of the court shall bill the issuer for the amount of bail fixed by the uniform countywide schedule of bail required under subdivision (c) of Section 1269b of the Penal Code.
(e) Upon presentation by a court of the bill for a fine or bail assessed against an individual covered by a guaranteed traffic arrest bail bond certificate, the issuer shall pay to the court the amount of the fine or forfeited bail that is within the maximum amount guaranteed by the terms of the certificate.
(f) The court shall return the guaranteed traffic arrest bail bond certificate to the issuer upon receipt of payment in accordance with subdivision (d).
SEC. 14.
Section 40512.5 of the Vehicle Code is amended to read:40512.5.
(a) Except as specified in subdivision (b), if at the time the case is called for trial the defendant does not appear, either in person or by counsel, and has not requested in writing that the trial proceed in their absence, the court may declare the bail forfeited and may, in its discretion, order that no further proceedings be had in the case, or the court may act pursuant to Section 1043 of the Penal Code.(b) If the defendant has posted surety bail and the magistrate has ordered the bail forfeited and that no further proceedings shall be had in the case, the bail retains the right to obtain relief from the forfeiture as provided in Section 1305 of the Penal Code if the amount of the bond, money, or property deposited exceeds seven hundred dollars ($700).
SEC. 15.
Section 40514 of the Vehicle Code is amended to read:40514.
A warrant shall not issue on the charge for the arrest of a person who has given a written promise to appear in court or before a person authorized to receive a deposit of bail, unless the person has violated the promise, the lawfully granted continuance of the promise, or has failed to deposit bail, to appear for arraignment, trial, or judgment, or to comply with the terms and provisions of the judgment, as required by law. This section does not permit a warrant to issue if the underlying offense is an infraction.SEC. 16.
Section 40515 of the Vehicle Code is amended to read:40515.
(a) When a person signs a written promise to appear or is granted a continuance of their promise to appear at the time and place specified in the written promise to appear or the continuance thereof, and has not posted full bail or has failed to pay an installment of bail as agreed to under Section 40510.5, the magistrate may issue and have delivered for execution a warrant for the person’s arrest within 20 days after the failure to appear before the magistrate or pay an installment of bail as agreed, or if the person promises to appear before an officer authorized to accept bail other than a magistrate and fails to do so on or before the date on which they promised to appear, then, within 20 days after the delivery of the written promise to appear by the officer to a magistrate having jurisdiction over the offense.(b) When the person violates their promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to a magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer.
(c) This section does not apply if the underlying charge is an infraction.
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