California 2019-2020 Regular Session

California Assembly Bill AB351 Compare Versions

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Version 2 (New)

Old	New		Differences
1		-	~~Amended IN Assembly April 11, 2019~~ Amended IN Assembly March 07, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 351Introduced by Assembly Member ChoiFebruary 04, 2019 An act to add Section 68090.9 to the Government Code, relating to courts. ~~19.51 to the Penal Code, relating to crimes.~~LEGISLATIVE COUNSEL'S DIGESTAB 351, 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.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, 2021, 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 require the Judicial Council to adopt Rules of Court to implement these provisions. ~~a defendant or ward to be given~~ the opportunity to pay a fine, fee, or assessment related to a criminal proceeding or conviction, or a juvenile proceeding involving a misdemeanor or felony, except for an order of victim restitution, with a payment plan. The bill would authorize a defendant or ward to be charged a fee for processing an installment account and a fee for processing a credit card transaction, and would generally authorize a reduction of the ~~fine if~~ the defendant or ward establishes autopayment linked to a valid bank account. The bill would authorize a willful violation of an order establishing a payment plan to be punished as contempt. By expanding the crime of contempt, this bill would impose a state-mandated local program.The California ~~Constitution requires~~ the ~~state to reimburse local agencies and school districts for certain costs mandated by~~ the ~~state. Statutory~~ provisions ~~establish procedures for making that reimbursement~~.This bill would ~~provide that no reimbursement is required by this act for a specified reason~~.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: ~~YES~~ Local Program: ~~NOYES~~ Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 19.51 is added to the Penal Code, to read:19.51. (a) Except for an order of victim restitution, if 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, or juvenile proceeding involving a misdemeanor or felony, the defendant or ward shall be given the opportunity to pay the fine, fee, or assessment with a payment plan.(b) The defendant or ward shall sign a written agreement to comply with the payment plan according to an installment schedule as agreed upon with the court.(c) A judgment granting a payment plan shall order, if the defendant or ward fails to complete any payment plan or to make any installment on a payment plan on the date that it is due, that the defendant or ward may be required to appear in court for further proceedings and that a willful violation of the order is punishable as contempt.(d) (1) The terms of a payment plan may require a defendant or ward to pay to the clerk of the court or the collecting agency a fee for the processing of installment accounts. This fee shall equal the administrative and clerical costs, as determined by the board of supervisors or by the court, except that the fee shall not exceed thirty-five dollars ($35).(2) The court may offer a reduction of a fine, other than a fine imposed pursuant to Section 76104.6 of the Government Code, if the defendant or ward establishes a payment plan through autopayment linked to a valid bank account.(3) The court shall not assess a fee for the use of a credit card transaction that exceeds the amount of the transaction fee charged to the court for the transaction and the court shall not impose a fee in excess of 10 percent of the amount of the payment.(e) This section does not prohibit a court from converting a fine to jail time pursuant to Section 1205 or to community service pursuant to Section 1209.5, or affect the courts duty, prior to imposing a fine, fee, or assessment, to evaluate the defendants or wards overall ability to pay the total fine, fee, or assessment, or any portion thereof, without undue hardship.(f) The Judicial Council shall prescribe the form of the payment plan agreement and adopt Rules of Court to implement this section.(g) For purposes of this paragraph, payment plan means a schedule for payments to be made within a specified time period or in specified installments to pay a court-ordered fine, fee, or assessment.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.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, 2021, 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)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)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.
	1	+	Amended IN Assembly March 07, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 351Introduced by Assembly Member ChoiFebruary 04, 2019 An act to amend Section 38000 of the Health and Safety Code, relating to direct service contracts. add Section 68090.9 to the Government Code, relating to courts.LEGISLATIVE COUNSEL'S DIGESTAB 351, as amended, Choi. Direct service contracts: reform. 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.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, 2021, 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 require the Judicial Council to adopt Rules of Court to implement these provisions.Existing law states the intent of the Legislature, with respect to direct service contracts of the departments within the California Health and Human Services Agency, that, among other things, the contract approval process should take no longer than 30 days from the time the administrative agency generating the contract has approved its provisions.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe 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, 2021, 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) 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) 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.SECTION 1.Section 38000 of the Health and Safety Code is amended to read:38000.With respect to direct service contracts of the departments within the California Health and Human Services Agency, all of the following are the intent of the Legislature:(a) The contract approval process should take no longer than 30 days from the time the administrative agency generating the contract has approved its provisions.(b) Payment for services rendered shall take no longer than 30 days after an invoice has been approved by the responsible department.(c) If contract approval or payment or both are delayed, the state shall notify community based agencies within 15 days with instructions to either defer or interrupt services to be contracted. If the state requests an agency to continue providing services, conditions shall be mutually agreed upon in advance for amortization of particular additional costs to the agency involved.
2	2
3		-	~~Amended IN Assembly April 11, 2019~~ Amended IN Assembly March 07, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 351Introduced by Assembly Member ChoiFebruary 04, 2019 An act to add Section 68090.9 to the Government Code, relating to courts. ~~19.51 to the Penal Code, relating to crimes.~~LEGISLATIVE COUNSEL'S DIGESTAB 351, 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.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, 2021, 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 require the Judicial Council to adopt Rules of Court to implement these provisions. ~~a defendant or ward to be given~~ the opportunity to pay a fine, fee, or assessment related to a criminal proceeding or conviction, or a juvenile proceeding involving a misdemeanor or felony, except for an order of victim restitution, with a payment plan. The bill would authorize a defendant or ward to be charged a fee for processing an installment account and a fee for processing a credit card transaction, and would generally authorize a reduction of the ~~fine if~~ the defendant or ward establishes autopayment linked to a valid bank account. The bill would authorize a willful violation of an order establishing a payment plan to be punished as contempt. By expanding the crime of contempt, this bill would impose a state-mandated local program.The California ~~Constitution requires~~ the ~~state to reimburse local agencies and school districts for certain costs mandated by~~ the ~~state. Statutory~~ provisions ~~establish procedures for making that reimbursement~~.This bill would ~~provide that no reimbursement is required by this act for a specified reason~~.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: ~~YES~~ Local Program: ~~NOYES~~
	3	+	Amended IN Assembly March 07, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 351Introduced by Assembly Member ChoiFebruary 04, 2019 An act to amend Section 38000 of the Health and Safety Code, relating to direct service contracts. add Section 68090.9 to the Government Code, relating to courts.LEGISLATIVE COUNSEL'S DIGESTAB 351, as amended, Choi. Direct service contracts: reform. 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.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, 2021, 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 require the Judicial Council to adopt Rules of Court to implement these provisions.Existing law states the intent of the Legislature, with respect to direct service contracts of the departments within the California Health and Human Services Agency, that, among other things, the contract approval process should take no longer than 30 days from the time the administrative agency generating the contract has approved its provisions.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
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5		-	~~Amended IN Assembly April 11, 2019~~ Amended IN Assembly March 07, 2019
	5	+	Amended IN Assembly March 07, 2019
6	6
7		-	Amended IN Assembly April 11, 2019
8	7		Amended IN Assembly March 07, 2019
9	8
10	9		CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
11	10
12	11		Assembly Bill No. 351
13	12
14	13		Introduced by Assembly Member ChoiFebruary 04, 2019
15	14
16	15		Introduced by Assembly Member Choi
17	16		February 04, 2019
18	17
19		-	An act to add Section 68090.9 to the Government Code, relating to courts. ~~19.51 to the Penal Code, relating to crimes.~~
	18	+	An act to amend Section 38000 of the Health and Safety Code, relating to direct service contracts. add Section 68090.9 to the Government Code, relating to courts.
20	19
21	20		LEGISLATIVE COUNSEL'S DIGEST
22	21
23	22		## LEGISLATIVE COUNSEL'S DIGEST
24	23
25		-	AB 351, as amended, Choi. Payment options for criminal fines and fees.
	24	+	AB 351, as amended, Choi. Direct service contracts: reform. Payment options for criminal fines and fees.
26	25
27		-	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.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, 2021, 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 require the Judicial Council to adopt Rules of Court to implement these provisions. ~~a defendant or ward to be given~~ the opportunity to pay a fine, fee, or assessment related to a criminal proceeding or conviction, or a juvenile proceeding involving a misdemeanor or felony, except for an order of victim restitution, with a payment plan. The bill would authorize a defendant or ward to be charged a fee for processing an installment account and a fee for processing a credit card transaction, and would generally authorize a reduction of the ~~fine if~~ the defendant or ward establishes autopayment linked to a valid bank account. The bill would authorize a willful violation of an order establishing a payment plan to be punished as contempt. By expanding the crime of contempt, this bill would impose a state-mandated local program.The California ~~Constitution requires~~ the ~~state to reimburse local agencies and school districts for certain costs mandated by~~ the ~~state. Statutory~~ provisions ~~establish procedures for making that reimbursement~~.This bill would ~~provide that no reimbursement is required by this act for a specified reason~~.
	26	+	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.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, 2021, 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 require the Judicial Council to adopt Rules of Court to implement these provisions.Existing law states the intent of the Legislature, with respect to direct service contracts of the departments within the California Health and Human Services Agency, that, among other things, the contract approval process should take no longer than 30 days from the time the administrative agency generating the contract has approved its provisions.This bill would make technical, nonsubstantive changes to those provisions.
28	27
29	28		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.
30	29
31		-	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, 2021, 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 require the Judicial Council to adopt Rules of Court to implement these provisions. a defendant or ward to be given the opportunity to pay a fine, fee, or assessment related to a criminal proceeding or conviction, or a juvenile proceeding involving a misdemeanor or felony, except for an order of victim restitution, with a payment plan. The bill would authorize a defendant or ward to be charged a fee for processing an installment account and a fee for processing a credit card transaction, and would generally authorize a reduction of the fine if the defendant or ward establishes autopayment linked to a valid bank account. The bill would authorize a willful violation of an order establishing a payment plan to be punished as contempt. By expanding the crime of contempt, this bill would impose a state-mandated local program.
	30	+	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, 2021, 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 require the Judicial Council to adopt Rules of Court to implement these provisions.
32	31
33		-	The California ~~Constitution requires~~ the ~~state to reimburse local agencies and school districts for certain costs mandated by~~ the ~~state. Statutory~~ provisions ~~establish procedures for making that reimbursement~~.
	32	+	Existing law states the intent of the Legislature, with respect to direct service contracts of the departments within the California Health and Human Services Agency, that, among other things, the contract approval process should take no longer than 30 days from the time the administrative agency generating the contract has approved its provisions.
34	33
35		-	This bill would provide that no reimbursement is required by this act for a specified reason.
	34	+
	35	+
	36	+	This bill would make technical, nonsubstantive changes to those provisions.
	37	+
	38	+
36	39
37	40		## Digest Key
38	41
39	42		## Bill Text
40	43
41		-	The people of the State of California do enact as follows:SECTION 1. Section 19.51 is added to the Penal Code, to read:19.51. (a) Except for an order of victim restitution, if 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, or juvenile proceeding involving a misdemeanor or felony, the defendant or ward shall be given the opportunity to pay the fine, fee, or assessment with a payment plan.(b) The defendant or ward shall sign a written agreement to comply with the payment plan according to an installment schedule as agreed upon with the court.(c) A judgment granting a payment plan shall order, if the defendant or ward fails to complete any payment plan or to make any installment on a payment plan on the date that it is due, that the defendant or ward may be required to appear in court for further proceedings and that a willful violation of the order is punishable as contempt.(d) (1) The terms of a payment plan may require a defendant or ward to pay to the clerk of the court or the collecting agency a fee for the processing of installment accounts. This fee shall equal the administrative and clerical costs, as determined by the board of supervisors or by the court, except that the fee shall not exceed thirty-five dollars ($35).(2) The court may offer a reduction of a fine, other than a fine imposed pursuant to Section 76104.6 of the Government Code, if the defendant or ward establishes a payment plan through autopayment linked to a valid bank account.(3) The court shall not assess a fee for the use of a credit card transaction that exceeds the amount of the transaction fee charged to the court for the transaction and the court shall not impose a fee in excess of 10 percent of the amount of the payment.(e) This section does not prohibit a court from converting a fine to jail time pursuant to Section 1205 or to community service pursuant to Section 1209.5, or affect the courts duty, prior to imposing a fine, fee, or assessment, to evaluate the defendants or wards overall ability to pay the total fine, fee, or assessment, or any portion thereof, without undue hardship.(f) The Judicial Council shall prescribe the form of the payment plan agreement and adopt Rules of Court to implement this section.(g) For purposes of this paragraph, payment plan means a schedule for payments to be made within a specified time period or in specified installments to pay a court-ordered fine, fee, or assessment.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.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, 2021, 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)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)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.
	44	+	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, 2021, 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) 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) 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.SECTION 1.Section 38000 of the Health and Safety Code is amended to read:38000.With respect to direct service contracts of the departments within the California Health and Human Services Agency, all of the following are the intent of the Legislature:(a) The contract approval process should take no longer than 30 days from the time the administrative agency generating the contract has approved its provisions.(b) Payment for services rendered shall take no longer than 30 days after an invoice has been approved by the responsible department.(c) If contract approval or payment or both are delayed, the state shall notify community based agencies within 15 days with instructions to either defer or interrupt services to be contracted. If the state requests an agency to continue providing services, conditions shall be mutually agreed upon in advance for amortization of particular additional costs to the agency involved.
42	45
43	46		The people of the State of California do enact as follows:
44	47
45	48		## The people of the State of California do enact as follows:
46	49
47		-	SECTION 1. Section 19.51 is added to the ~~Penal~~ Code, to read:19.51. (a) ~~Except for an order of victim restitution, if 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~~, ~~or juvenile proceeding involving~~ a ~~misdemeanor or felony, the~~ defendant ~~or ward~~ shall be ~~given the opportunity to pay the fine, fee, or assessment with~~ a payment plan.(b) The defendant or ward shall sign a written agreement to comply with the payment plan according to an installment schedule as agreed upon with the court.(c) A judgment granting a payment plan shall order, if the defendant or ward fails to complete any payment plan or to make any installment on a payment plan on the date that it is due, that the defendant or ward may be required to appear in court for further proceedings and that a willful violation of the order is punishable as contempt.(d) (1) The terms of a payment plan may require a defendant or ward to pay to the clerk of the court or the collecting agency a fee for the processing of installment accounts. This fee shall equal the administrative and clerical costs, as determined by the board of supervisors or by the court, except that the fee shall not exceed thirty-five dollars ($35).(2) The court may offer a ~~reduction~~ of ~~a fine,~~ ~~other than~~ a ~~fine imposed pursuant to Section 76104.6 of the Government Code, if~~ the defendant or ~~ward establishes~~ a payment plan through autopayment linked to a valid bank account.(3) The court shall not assess a fee for the use of a credit card transaction that exceeds the amount of the transaction fee charged to the court for the transaction and the court shall not impose a fee in excess of 10 percent of the amount of the payment.(e) This section does not prohibit a court from converting a fine to jail time pursuant to Section 1205 or to community service pursuant to Section 1209.5, or affect the courts duty, prior to imposing a fine, fee, or assessment, to evaluate the defendants or wards overall ability to pay the ~~total fine~~, ~~fee~~, ~~or assessment~~, ~~or any portion thereof~~, ~~without undue hardship~~.(f) The Judicial Council shall ~~prescribe the form of the payment plan agreement and~~ adopt Rules of Court ~~to implement~~ this section.~~(g) For purposes~~ of this ~~paragraph, payment plan means a schedule for payments to be made within a specified time period or in specified installments to pay a court-ordered fine, fee, or assessment~~.
	50	+	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, 2021, 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) 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) 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.
48	51
49		-	SECTION 1. Section 19.51 is added to the ~~Penal~~ Code, to read:
	52	+	SECTION 1. Section 68090.9 is added to the Government Code, to read:
50	53
51	54		### SECTION 1.
52	55
53		-	19.51. (a) ~~Except for an order of victim restitution, if 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~~, ~~or juvenile proceeding involving~~ a ~~misdemeanor or felony, the~~ defendant ~~or ward~~ shall be ~~given the opportunity to pay the fine, fee, or assessment with~~ a payment plan.(b) The defendant or ward shall sign a written agreement to comply with the payment plan according to an installment schedule as agreed upon with the court.(c) A judgment granting a payment plan shall order, if the defendant or ward fails to complete any payment plan or to make any installment on a payment plan on the date that it is due, that the defendant or ward may be required to appear in court for further proceedings and that a willful violation of the order is punishable as contempt.(d) (1) The terms of a payment plan may require a defendant or ward to pay to the clerk of the court or the collecting agency a fee for the processing of installment accounts. This fee shall equal the administrative and clerical costs, as determined by the board of supervisors or by the court, except that the fee shall not exceed thirty-five dollars ($35).(2) The court may offer a ~~reduction~~ of ~~a fine,~~ ~~other than~~ a ~~fine imposed pursuant to Section 76104.6 of the Government Code, if~~ the defendant or ~~ward establishes~~ a payment plan through autopayment linked to a valid bank account.(3) The court shall not assess a fee for the use of a credit card transaction that exceeds the amount of the transaction fee charged to the court for the transaction and the court shall not impose a fee in excess of 10 percent of the amount of the payment.(e) This section does not prohibit a court from converting a fine to jail time pursuant to Section 1205 or to community service pursuant to Section 1209.5, or affect the courts duty, prior to imposing a fine, fee, or assessment, to evaluate the defendants or wards overall ability to pay the ~~total fine~~, ~~fee~~, ~~or assessment~~, ~~or any portion thereof~~, ~~without undue hardship~~.(f) The Judicial Council shall ~~prescribe the form of the payment plan agreement and~~ adopt Rules of Court ~~to implement~~ this section.~~(g) For purposes~~ of this ~~paragraph, payment plan means a schedule for payments to be made within a specified time period or in specified installments to pay a court-ordered fine, fee, or assessment~~.
	56	+	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, 2021, 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) 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) 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.
54	57
55		-	19.51. (a) ~~Except for an order of victim restitution, if 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~~, ~~or juvenile proceeding involving~~ a ~~misdemeanor or felony, the~~ defendant ~~or ward~~ shall be ~~given the opportunity to pay the fine, fee, or assessment with~~ a payment plan.(b) The defendant or ward shall sign a written agreement to comply with the payment plan according to an installment schedule as agreed upon with the court.(c) A judgment granting a payment plan shall order, if the defendant or ward fails to complete any payment plan or to make any installment on a payment plan on the date that it is due, that the defendant or ward may be required to appear in court for further proceedings and that a willful violation of the order is punishable as contempt.(d) (1) The terms of a payment plan may require a defendant or ward to pay to the clerk of the court or the collecting agency a fee for the processing of installment accounts. This fee shall equal the administrative and clerical costs, as determined by the board of supervisors or by the court, except that the fee shall not exceed thirty-five dollars ($35).(2) The court may offer a ~~reduction~~ of ~~a fine,~~ ~~other than~~ a ~~fine imposed pursuant to Section 76104.6 of the Government Code, if~~ the defendant or ~~ward establishes~~ a payment plan through autopayment linked to a valid bank account.(3) The court shall not assess a fee for the use of a credit card transaction that exceeds the amount of the transaction fee charged to the court for the transaction and the court shall not impose a fee in excess of 10 percent of the amount of the payment.(e) This section does not prohibit a court from converting a fine to jail time pursuant to Section 1205 or to community service pursuant to Section 1209.5, or affect the courts duty, prior to imposing a fine, fee, or assessment, to evaluate the defendants or wards overall ability to pay the ~~total fine~~, ~~fee~~, ~~or assessment~~, ~~or any portion thereof~~, ~~without undue hardship~~.(f) The Judicial Council shall ~~prescribe the form of the payment plan agreement and~~ adopt Rules of Court ~~to implement~~ this section.~~(g) For purposes~~ of this ~~paragraph, payment plan means a schedule for payments to be made within a specified time period or in specified installments to pay a court-ordered fine, fee, or assessment~~.
	58	+	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, 2021, 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) 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) 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.
56	59
57		-	19.51. (a) ~~Except for an order of victim restitution, if 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~~, ~~or juvenile proceeding involving~~ a ~~misdemeanor or felony, the~~ defendant ~~or ward~~ shall be ~~given the opportunity to pay the fine, fee, or assessment with~~ a payment plan.(b) The defendant or ward shall sign a written agreement to comply with the payment plan according to an installment schedule as agreed upon with the court.(c) A judgment granting a payment plan shall order, if the defendant or ward fails to complete any payment plan or to make any installment on a payment plan on the date that it is due, that the defendant or ward may be required to appear in court for further proceedings and that a willful violation of the order is punishable as contempt.(d) (1) The terms of a payment plan may require a defendant or ward to pay to the clerk of the court or the collecting agency a fee for the processing of installment accounts. This fee shall equal the administrative and clerical costs, as determined by the board of supervisors or by the court, except that the fee shall not exceed thirty-five dollars ($35).(2) The court may offer a ~~reduction~~ of ~~a fine,~~ ~~other than~~ a ~~fine imposed pursuant to Section 76104.6 of the Government Code, if~~ the defendant or ~~ward establishes~~ a payment plan through autopayment linked to a valid bank account.(3) The court shall not assess a fee for the use of a credit card transaction that exceeds the amount of the transaction fee charged to the court for the transaction and the court shall not impose a fee in excess of 10 percent of the amount of the payment.(e) This section does not prohibit a court from converting a fine to jail time pursuant to Section 1205 or to community service pursuant to Section 1209.5, or affect the courts duty, prior to imposing a fine, fee, or assessment, to evaluate the defendants or wards overall ability to pay the ~~total fine~~, ~~fee~~, ~~or assessment~~, ~~or any portion thereof~~, ~~without undue hardship~~.(f) The Judicial Council shall ~~prescribe the form of the payment plan agreement and~~ adopt Rules of Court ~~to implement~~ this section.~~(g) For purposes~~ of this ~~paragraph, payment plan means a schedule for payments to be made within a specified time period or in specified installments to pay a court-ordered fine, fee, or assessment~~.
	60	+	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, 2021, 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) 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) 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.
58	61
59	62
60	63
61		-	19.51. (a) ~~Except for an order of victim restitution, if 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~~, ~~or juvenile proceeding involving a misdemeanor or felony,~~ the ~~defendant or ward shall be given the opportunity to pay the fine, fee, or assessment with a payment plan.~~
	64	+	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, 2021, both of the following options:
62	65
63		-	(b) The ~~defendant or ward shall sign~~ a ~~written agreement to comply with the~~ payment plan ~~according~~ to ~~an installment schedule as agreed upon with the court~~.
	66	+	(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.
64	67
65		-	(c) A ~~judgment granting~~ a payment plan ~~shall order, if the defendant or ward fails~~ to ~~complete any payment plan or to make any installment on a payment plan on the date that it is due, that the defendant or ward may~~ be ~~required to appear in court for further proceedings and that a willful violation of the order is punishable as contempt~~.
	68	+	(B) A showing that the defendant is in arrears or indigent shall not be required for a payment plan to be established.
66	69
67		-	(~~d) (1~~) The ~~terms~~ of a payment plan ~~may require~~ a ~~defendant or ward to pay to the clerk of the court or the collecting agency a fee for the processing of installment accounts~~. ~~This fee shall equal the administrative and clerical costs, as determined by the board of supervisors or by the court, except that the fee shall not exceed thirty-five dollars ($35).~~
	70	+	(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.
68	71
69		-	(2) The ~~court may offer~~ a ~~reduction of a fine,~~ ~~other than a fine imposed pursuant to Section 76104~~.~~6 of the Government Code, if the defendant or ward establishes a payment plan through autopayment linked to a valid bank account.~~
	72	+	(2) The ability to pay the charges with a credit card. An additional fee shall not be assessed for credit card transactions.
70	73
71		-	(3) ~~The court shall not assess~~ a ~~fee for the use~~ of a ~~credit card transaction that exceeds~~ the ~~amount~~ of the ~~transaction fee charged to the court for the transaction and the court shall not impose a fee in excess of 10 percent of the amount of the payment~~.
	74	+	(b) 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.
72	75
73		-	(e) This section does not prohibit a court from converting a fine to jail time pursuant to Section 1205 or to community service pursuant to Section 1209.5, or affect the courts duty, prior to imposing a fine, fee, or assessment, to evaluate the defendants or wards overall ability to pay the total fine, fee, or assessment, or any portion thereof, without undue hardship.
74		-
75		-	(f) The Judicial Council shall prescribe the form of the payment plan agreement and adopt Rules of Court to implement this section.
76		-
77		-	(g) For purposes of this paragraph, payment plan means a schedule for payments to be made within a specified time period or in specified installments to pay a court-ordered fine, fee, or assessment.
78		-
79		-	SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
80		-
81		-	SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
82		-
83		-	SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
84		-
85		-	### SEC. 2.
	76	+	(c) 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.
86	77
87	78
88	79
89	80
90	81
91		-	~~(a)~~The ~~court shall offer a criminal defendant who has been assessed charges resulting from a criminal prosecution on or after January 1~~, ~~2021, both~~ of the following ~~options~~:
	82	+	With respect to direct service contracts of the departments within the California Health and Human Services Agency, all of the following are the intent of the Legislature:
92	83
93	84
94	85
95		-	~~(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.~~
	86	+	(a) The contract approval process should take no longer than 30 days from the time the administrative agency generating the contract has approved its provisions.
96	87
97	88
98	89
99		-	(B)~~A showing that~~ the ~~defendant is in arrears or indigent shall not be required for a payment plan to be established~~.
	90	+	(b) Payment for services rendered shall take no longer than 30 days after an invoice has been approved by the responsible department.
100	91
101	92
102	93
103		-	(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.
104		-
105		-
106		-
107		-	(2)The ability to pay the charges with a credit card. An additional fee shall not be assessed for credit card transactions.
108		-
109		-
110		-
111		-	(b)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.
112		-
113		-
114		-
115		-	(c)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.
	94	+	(c) If contract approval or payment or both are delayed, the state shall notify community based agencies within 15 days with instructions to either defer or interrupt services to be contracted. If the state requests an agency to continue providing services, conditions shall be mutually agreed upon in advance for amortization of particular additional costs to the agency involved.