BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 508
          Author:   Ian Calderon (D), et al.
          Amended:  6/17/13 in Senate 
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 5/14/13
          AYES:  Hancock, Anderson, Block, De León, Knight, Liu, Steinberg

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  77-0, 4/22/13 - See last page for vote


           SUBJECT  :    Debt collection:  homeless veterans

           SOURCE  :     Author


           DIGEST  :    This bill delays garnishing wages or levying against  
          the bank account of a veteran to pay for specified violations  
          when a court determines that the person is homeless.

           ANALYSIS  :    

          Existing law:

          1. Authorizes a county or court to establish a comprehensive  
             collections program to enhance the collection of delinquent  
             court-ordered debt and improve recovery efforts, and requires  
             the comprehensive collection program to include at least 10  
             of a possible 16 characteristics, as specified.  

                                                                CONTINUED





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          2. Provides that if a court, during the course of its routine  
             process to collect fees, fines, forfeitures, or other  
             penalties imposed by a court due to a citation issued for the  
             violation of a state or local law, obtains information  
             indicating that a person under 25 years of age, who has been  
             issued a citation for truancy, loitering, curfew violations,  
             or illegal lodging that is outstanding or unpaid, is homeless  
             or has no permanent address, the court shall not garnish the  
             wages or levy against bank accounts of that person until that  
             person is 25 years of age or older. 

          3. Defines a "homeless person" as any person who lacks a fixed,  
             regular, and adequate nighttime residence, or has a primary  
             nighttime residence, as specified.

          This bill:

          1. Provides that notwithstanding any other law, if a court,  
             during the course of its routine process to collect fees,  
             fines and forfeitures, or other penalties imposed by a court  
             due to a citation issued of the violation of a state or local  
             law, obtains information including that a person who has been  
             issued a citation for loitering, curfew violations, or  
             illegal lodging that is outstanding or unpaid served in the  
             military within the last eight years and is homeless or has  
             no permanent address, the court shall not garnish the wages  
             or levy against bank accounts of that person for five years  
             from the date that the court obtained that information.

          2. Provides that a person is to be considered "homeless," or as  
             having "no permanent address" if that person does not have a  
             fixed, regular, adequate nighttime residence, or has a  
             primary night time residence that is one of the following:

             A.    A shelter designed to provide temporary living  
                accommodations.

             B.    An institution that provides temporary residence for  
                individuals intended to be institutionalized.

             C.    A public or private place not designed for, or  
                ordinarily used as, a regular sleeping accommodation  
                for human beings.








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          3. Provides that nothing is construed to prevent a court from  
             engaging in any other lawful debt collection activities.

          4. Provides that nothing is construed to require a court to  
             perform any further investigation or financial screening into  
             any matter beyond the scope of its regular duties.

          5. Provides that nothing shall be construed to prevent the  
             Judicial Council from altering any best practices or  
             recommendations for collection programs.

          6. Provides that nothing is construed to prevent a court from  
             garnishing a person's wages or levying against a person's  
             bank accounts if the court, subsequent to its initial  
             determination that the person was a homeless veteran exempt  
             from wage garnishment or levy, obtains evidence that the  
             individual is no longer homeless, or that the court had, on a  
             previous occasion, suspended garnishment of that person's  
             wages or levying against that person's bank accounts.

          7. Makes legislative findings and declarations relating to  
             homeless veterans.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  6/24/13)

          AMVETS-Department of California
          California Public Defenders Association
          Housing California
          National Association of Social Workers, California Chapter
          Taxpayers for Improving Public Safety
          VFW-Department of California
          Vietnam Veterans of America, California State Council

           ARGUMENTS IN SUPPORT  :    According to the author:

             The homeless are frequently ticketed for offenses  
             synonymous with their homelessness, such as loitering,  
             illegal lodging, and curfew violations.  The inability of  
             homeless veterans to pay for tickets and subsequent fines  
             for offenses related to their homeless status may lead to  
             the garnishment of their wages and bank accounts, damage  







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             to their credit history, and create other barriers to  
             their establishing financial stability and independence.   
             By making it harder for homeless veterans to save money to  
             end their homelessness, such garnishments paradoxically as  
             well increase the likelihood that the public safety  
             offenses the tickets are meant to dissuade will in fact  
             occur. 

             The purpose of this bill is to temporarily prohibit courts  
             from garnishing the wages or levying against bank accounts  
             of a veteran, who has served in the military within the  
             last eight years, who has not paid a ticket for curfew  
             violations, loitering, or illegal lodging where, in the  
             course of its routine efforts to collect fines, the court  
             obtains information indicating that veteran is homeless.   
             The veteran is still guilty of the offense and obligated  
             to pay the fines but the garnishment is postponed for five  
             years from the date the court obtained information the  
             veteran is homeless in order to give the veteran a chance  
             to earn their way out of homelessness. 

           ASSEMBLY FLOOR  :  77-0, 4/22/13
          AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,  
            Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,  
            Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,  
            Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,  
            Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell,  
            Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Holden,  
            Jones, Jones-Sawyer, Levine, Linder, Logue, Maienschein,  
            Mansoor, Medina, Melendez, Mitchell, Morrell, Mullin,  
            Muratsuchi, Nazarian, Nestande, Pan, Patterson, Perea, V.  
            Manuel Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner,  
            Stone, Ting, Torres, Wagner, Waldron, Weber, Wieckowski, Wilk,  
            Williams, Yamada, John A. Pérez
          NO VOTE RECORDED: Lowenthal, Olsen, Vacancy


          JG:d  6/24/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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