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File #: 22-200    Version: 1
Type: Other Proposal Status: Passed
File created: 10/19/2022 In control: Judicial Council
On agenda: 12/2/2022 Final action: 12/2/2022
Title: Uniform Bail and Penalty Schedules | 2023 Edition for Traffic, Boating, Forestry, Fish and Game, Public Utilities, Parks and Recreation, and Business Licensing (Action Required)
Attachments: 1. 20221202-22-200
Title
Title
Uniform Bail and Penalty Schedules | 2023 Edition for Traffic, Boating, Forestry, Fish and Game, Public Utilities, Parks and Recreation, and Business Licensing (Action Required)
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Summary
Summary
The Traffic Advisory Committee recommends revisions to Uniform Bail and Penalty Schedules, 2023 Edition: Traffic, Boating, Forestry, Fish and Game, Public Utilities, Parks and Recreation, Business Licensing (UBPS). Vehicle Code section 40310 mandates that the Judicial Council annually adopt a uniform traffic penalty schedule for all nonparking Vehicle Code infractions. Additionally, Penal Code section 1269b and rule 4.102 of the California Rules of Court require all trial courts annually to revise and adopt a countywide schedule of penalties for all felony, misdemeanor, and infraction offenses, except Vehicle Code infractions. Rule 4.102 additionally provides that counties consider the UBPS approved by the Judicial Council. Unlike for traffic infractions, the schedules in the proposed UBPS for infractions and misdemeanors under boating, forestry, fish and game, public utilities, parks and recreation, and business licensing laws are advisory. These schedules are intended to provide guidance and uniformity to the trial courts for their schedules for nontraffic misdemeanors and infractions.
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Recommendation
Recommendation
The Traffic Advisory Committee recommends that the Judicial Council, effective January 1, 2023, adopt revised Uniform Bail and Penalty Schedules, 2023 Edition: Traffic, Boating, Forestry, Fish and Game, Public Utilities, Parks and Recreation, Business Licensing, approving:
1. Removing references to the Emergency Medical Air Transportation (EMAT) in all UBPS schedules where it was present and the Preface. This change is based on previous legislation, including Assembly Bill 1104 (stats. 2021, ch. 476), which eliminates imposition of the EMAT after December 31, 2022, but continues the collection and distribution until Dec. 31, 2023;
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