Bill Text: CA AB618 | 2021-2022 | Regular Session | Amended

California Assembly Bill 618 (Prior Session Legislation)

Bill Title: Payment options for criminal fines and fees.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2022-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB618 Detail]

Download: California-2021-AB618-Amended.html

Amended IN Assembly April 28, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 618

Introduced by Assembly Member Choi

February 12, 2021

An act to add Section 68090.9 to the Government Code, relating to courts.

LEGISLATIVE COUNSEL'S DIGEST

AB 618, as amended, Choi. Payment options for criminal fines and fees.

Existing law requires a court to charge various fines, fees, penalties, and assessments for criminal defendants, including fines assessed as a penalty for a crime, restitution fines, and fees for the support and maintenance of the courts, as specified. Existing law permits a judgment against a criminal defendant that orders the defendant to pay a fine, other than a restitution fine or order, to also direct that the defendant be imprisoned until the fine is satisfied, as specified. Existing law authorizes a court to sentence a person convicted of an infraction to perform community service in lieu of the total fine, as defined, that would otherwise be imposed, upon a showing that payment of the total fine would pose a hardship on the defendant or the person’s family.

This bill would require the court to offer a payment plan to a criminal defendant who has been assessed fines, fees, penalties, and assessments in an amount over $500, other than a restitution order payable to the victim, resulting from a criminal prosecution on or after January 1, 2022, and would authorize the court to offer a payment plan under those circumstances to a defendant who has been assessed fines, fees, penalties, and assessments of $500 or less. The bill would require the court to allow a defendant to pay those fines, fees, penalties, and assessments with a credit card, as specified. The bill would specify that these provisions do not prohibit a court from converting a fine to jail time or community service, or otherwise limit the court’s ability to consider a defendant’s ability to pay without undue hardship. The bill would require the Judicial Council to adopt Rules of Court to implement these provisions.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

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

SECTION 1.

Section 68090.9 is added to the Government Code, to read:

68090.9.

(a) The court shall offer a criminal defendant who has been assessed charges resulting from a criminal prosecution on or after January 1, 2022, both of the following options:

(1) (A) A defendant who has charges in excess of five hundred dollars ($500) shall be offered a payment plan. The court may offer a payment plan to a defendant who has charges of five hundred dollars ($500) or less.

(B) A showing that the defendant is in arrears or indigent shall not be required for a payment plan to be established.

(C) The court shall offer a reduction of up to 5 percent of the total charges due if the payment plan is established through autopayment linked to a valid bank account.

(2) The ability to pay the charges with a credit card. An additional fee shall not be assessed for credit card transactions.

(b) This section does not prohibit a court from converting a fine to jail time pursuant to Section 1205 of the Penal Code or to community service pursuant to Section 1209.5 of the Penal Code, or affect the court’s duty, prior to imposing a fine, fee, or assessment, to evaluate the defendant’s ability to pay the total fine, fee, or assessment, or any portion thereof, without undue hardship.
~~(b)~~

(c) For purpose of this section, “charges” means all fines, fees, penalties, and assessments incurred as a result of a criminal prosecution. “Charges” does not include an order of restitution payable to the victim imposed pursuant to subdivision (f) of Section 1202.4 of the Penal Code.

~~(c)~~

(d) The Judicial Council shall adopt Rules of Court implementing this section. This section does not impair or invalidate an existing contract, however, the court shall not renew a contract that is in conflict with the requirements of this section.