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PREFACE

I. Section and Offense A. Historically, only those offenses most often filed in municipal courts were included in the Uniform Bail and Penalty Schedules. Penal Code section 1269b and Vehicle Code section 40310 require the Judicial Council to establish a schedule for infractions of the Vehicle Code. The Judicial Council approved the first Traffic Infraction Bail and Penalty Schedule in November 1992.

B. The letter “M” designates a misdemeanor: a crime punishable, at the discretion of the court, by imprisonment in a county jail for a period of no longer than 6 months or by a fine not exceeding $1,000 or by both (Penal Code section 19).

C. The letter “I” designates an infraction: a violation of a law not punishable by imprisonment but by a fine generally not exceeding $100 for violations of the Vehicle Code (Vehicle Code section 42001) or $250 for violations of other codes (Penal Code section 19.8(b)

II. Base Bail The “Base Bail” indicated is the amount from which the “additional penalties” required by Penal Code section 1464; Government Code sections 70372, 76000, 76104.6, and 76104.7; the surcharge required by Penal Code section 1465.7; and the penalty authorized by Government Code section 76000.5 are calculated.

III. Additional Penalties and Surcharge A. An “additional penalty” of between $22 and $27 ($10 state penalty required by Penal Code section 1464; state court construction penalty of $5 required by Government Code section 70372(a); a county and state DNA Identification Fund penalty of $5 required by Government Code sections 76104.6 and 76104.7 (amended effective June 27, 2012); and a county penalty of up to $7 required by Government Code section 76000(e)) shall be levied upon every $10, or part of $10, of every fine, penalty, or forfeiture imposed and collected by the courts for criminal offenses. The “additional penalty” may increase by $2 for every $10, or part of $10, of the base fine if the county board of supervisors elects to levy an emergency medical services (EMS) penalty assessment under Government Code section 76000.5.

B. Government Code section 70372(a) requires imposition of a state court construction penalty on every fine, penalty, or forfeiture collected by the courts for criminal offenses, including, but not limited to, all offenses, except parking offenses, as defined in Penal Code section 1463, involving violations of the Fish and Game Code and Vehicle Code or local ordinances adopted pursuant to the Vehicle Code. Section 70372 specifies a state court construction penalty of $5 for every $10, or part of $10, of the criminal fine, penalty, or forfeiture.

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