BILL ANALYSIS �
AB 2724
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Date of Hearing: May 7, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 2724 (Bradford) - As Introduced: February 21, 2014
Policy Committee: Public Safety
Vote: 7-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill provides that the ability to pay a fine is not a
prerequisite to filing a request that the court vacate a civil
assessment, and that an agreement to pay a fine in installments
or perform community service in lieu of paying a fine is
sufficient for the court to request that the hold on the
defendant's driver's license be lifted.
FISCAL EFFECT
Minor administrative costs to state trial courts, offset to an
unknown degree by greater odds of fine collection.
COMMENTS
1)Rationale . The author addresses a situation in which lower
income persons become trapped in a spiral of fines and
assessments.
According to the author, "Many low-income individuals cannot
afford the spiraling debt caused by unpaid traffic violations
and court assessments. Failure to pay the penalties can lead
to a suspended driver's license. Without a driver's license,
an individual may (1) lose their job because they are unable
to get to work; (2) find it difficult to obtain a new job; and
(3) be ineligible for certain employment or job training
programs. Without a job, an individual cannot repay the fines
to regain their driver's license, and thus become trapped in a
vicious cycle of debt that is very difficult to escape. This
bill helps low-income individuals keep their jobs and repay
assessments by two means. First, it allows an individual,
AB 2724
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before penalties are paid, to appear in front of a judge to
contest the assessment or original violation. Second, it
allows a judge to ask the DMV to reinstate a driver's license
after the individual signs an agreement to pay by installment
plan or perform community service. As courts have billions of
dollars in uncollected fines, this bill will help courts
recoup some of this money by providing individuals with the
means to repay penalties."
2)Current law allows the court, in addition to any other penalty
in an infraction, misdemeanor or felony, to impose a civil
assessment of up to $300 against any defendant who fails to
appear in court for any proceeding, fails to pay any portion
of the fine ordered by the court, or fails to pay an
agreed-upon bail installment, as specified.
3)Support includes the Western Center on Law and Poverty, CA
Attorneys for Criminal Justice, East Bay Community Law Center,
and others.
4)There is no known opposition .
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081