Bill Text: CA AB927 | 2019-2020 | Regular Session | Introduced

California Assembly Bill 927 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Crimes: fines and fees: defendant’s ability to pay.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2020-01-21 - Consideration of Governor's veto stricken from file. [AB927 Detail]

Download: California-2019-AB927-Introduced.html

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 927

Introduced by Assembly Member Jones-Sawyer

February 20, 2019

An act to add Section 19.5 to the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL'S DIGEST

AB 927, as introduced, Jones-Sawyer. Crimes: fines and fees: defendant’s ability to pay.

Existing law requires or authorizes a court to impose various fines, fees, and assessments on criminal defendants, including fines assessed as a penalty for a crime, restitution fines, and fees and assessments for the support and maintenance of the courts, as specified.

This bill would require a court imposing a fine, fee, or assessment related to a criminal proceeding or conviction to make a finding that the defendant has the ability to pay, as defined.

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

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

SECTION 1.

Section 19.5 is added to the Penal Code, to read:

19.5.

(a) Except for an order of victim restitution, whenever a provision of this code or any other law, requires or authorizes imposition of a fine, fee, or assessment related to a criminal proceeding or conviction, prior to imposition, the court shall make a finding that the defendant has the ability to pay.

(b) “Ability to pay” means the overall capability of the defendant to pay the court-ordered fines, fees, and assessments, or a portion thereof, without undue hardship.

(1) The defendant’s present financial cirsumstances.

(2) Whether the defendant is receiving any type of government benefits, including means-tested benefits.

(3) Whether the defendant was represented by court-appointed counsel.

(4) The defendant’s reasonably discernible future financial cirsumstances. When a defendant is sentenced to state prison or to county jail for a period longer than 364 days, the defendant shall be determined not to have a reasonably discernible future financial ability to pay, in the absence of unusual circumstances.

(5) The likelihood that the defendant will be able to obtain employment within a six-month period from the date of the court’s consideration of the issue.

(6) The amount of victim restitution ordered, if any.

(7) Any other factor that may bear upon the defendant’s inability to pay.