BILL ANALYSIS
AB 2264
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2264 (De Leon)
As Amended August 2, 2010
Majority vote
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|ASSEMBLY: |49-25|(June 2, 2010) |SENATE: |21-13|(August 18, |
| | | | | |2010) |
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Original Committee Reference: PUB. S.
SUMMARY : Prohibits the garnishment of a bank account or the earnings
of a homeless youth for failure to pay fees, fines, forfeitures, or
other penalties imposed by a court due to the violation of a state or
local law related to truancy, loitering, curfew violations, or illegal
lodging.
The Senate amendments :
1)Allow the court to engage in other lawful debt collection activities
outside the enactment of this statute.
2)Specify that courts are not required to perform any further
investigation or financial screening into any matter beyond the scope
of its regular duties.
3)Provide that the Judicial Council shall not be prevented from
altering any best practices or recommendations for collection
programs.
4)Make technical and non-substantive changes.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar to the
version passed by the Senate.
FISCAL EFFECT : According to the Senate Appropriations Committee,
pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the author, "Homeless youth are not homeless by
choice. Approximately half are former foster youth who have been
emancipated into the streets; the rest are forced from their homes by
abuse or are kicked out.
"Homeless youth are often ticketed for 'quality of life' offenses such
as loitering, truancy, illegal lodging, and curfew violations. When
AB 2264
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they cannot pay the fines, sometimes their wages and/or bank accounts
are garnished, making it harder for the nearly half of homeless youth
who have jobs and are working to try to end their homelessness. And,
by making it harder for homeless youth to obtain homes by their own
hard work, garnishment actually promotes the behaviors (loitering,
illegal lodging, etc.) the tickets are intended to dissuade.
"AB 2264 seeks to provide some much-needed relief for former foster
youth and other youth who have been forced into homelessness and are
trying to work their way out of sleeping on the streets. Homeless
youth would still be required to pay the original fines for these
'quality of life' offenses, but orders to garnish bank accounts or
earnings would be prohibited for homeless youth under 25 years old."
Please see the policy committee for a full discussion of this bill.
Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916) 319-3744
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