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Assembly Bill 386 (Boland – 1994)

Chapter 280, Statutes of 1994 - AB 386

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Sections 2 and 5 of Chapter 909 of the Statutes of 1991 were amended in 1994 following legislative approval of Assembly Bill 386. (See Exhibit #1e)  This bill was originally introduced on February 9, 1993 by Assembly member Paula L. Boland to amend Health and Safety Code section 1799.102, relating to liability and good Samaritans.  (See Exhibits #1a and #1b)  On May 12, 1994, the Senate gutted and amended the bill so that it related to criminal fines and the day-fine system. (See Exhibits #1c and #1d)  The Judicial Council sponsored this latter version of Assembly Bill 386.  (See Exhibit #13)

Assembly Bill 386 was assigned to both the Assembly Committee on Judiciary, Assembly Committee on Public Safety and the Senate Committee on Judiciary where policy issues raised by the bill were considered.  (See Exhibits #3, #5, and #9)  The fiscal ramifications of the bill were considered by the Assembly Committee on Ways and Means and the Senate Committee on Appropriations.  (See Exhibits #2 and #11)  Three amendments were made to Assembly Bill 386.  (See Exhibits #1b through #1d and #2)  Subsequent to legislative approval, Governor Pete Wilson signed the bill on July 20, 1994 and it was recorded by the Secretary of State on July 21st as Chapter 280 of the Statutes of 1994.  (See Exhibit #1e)

Assembly Bill 386 contained an urgency clause which caused the bill to go into immediate effect.  The reason for this urgency can be found in section 3 of Chapter 280.

The Concurrence in Senate Amendments that was prepared by the Assembly Committee on Public Safety described the bill as last amended as follows:

The Senate amendments delete the Assembly version of this bill, and instead amend sections two and five of Chapter 909, Statutes of 1991.  The amendments reflect changes recommended by the project steering committee and include:

 

1)         In the event the county’s share of revenue decreases, the

state will restore revenues in the amount of the shortfall, not to exceed $35,000.

 

2)         Misdemeanors charged as infractions will be included in

the pilot project.

 

3)         The court may prohibit “day-fine” offenders from serving

time in jail in lieu of paying the fine.

 

4)         Any financial information disclosed in order to determine a

fine is to be kept confidential.

(See Exhibit #15)