Amended IN Assembly March 27, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 927Introduced by Assembly Member Jones-SawyerFebruary 20, 2019 An act to add Section 19.5 to the Penal Code, relating to crimes. LEGISLATIVE COUNSEL'S DIGESTAB 927, as amended, Jones-Sawyer. Crimes: fines and fees: defendants 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 or juvenile proceeding involving a misdemeanor or a felony to make a finding that the defendant has the ability to pay, as defined. The bill would require that a defendant be presumed to not have the ability to pay if the defendant is homeless, lives in a shelter, or lives in a transitional living facility, receives need-based public assistance, is very low income, or is sentenced to state prison for an indeterminate term or a term of life without the possibility of parole. The bill would also specify factors establishing inability to pay, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe 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, or juvenile proceeding involving a misdemeanor or felony, 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.(c) It shall be presumed that the defendant does not have the ability to pay under any of the following circumstances:(1) The defendant is homeless, lives in a shelter, or lives in a transitional living facility.(2) The defendant receives need-based public assistance.(3) The defendant is very low income, as defined in Section 50105 of the Health and Safety Code.(4) The defendant is sentenced to state prison for an indeterminate term or for a term of life without the possibility of parole.(c) Factors(d) Other factors establishing inability to pay include, but are not limited to, the following:(1) The defendants present financial cirsumstances. circumstances.(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 defendants 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. circumstances, taking into consideration the imposed term of incarceration.(5) The likelihood that the defendant will be able to obtain employment within a six-month period from the date of the courts consideration of the issue.(6) The amount of victim restitution ordered, if any.(7) Any other factor that may bear upon the defendants inability to pay.(8) The prosecution shall bear the burden of rebutting the presumption that the defendant does not have the ability to pay.
Amended IN Assembly March 27, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 927Introduced by Assembly Member Jones-SawyerFebruary 20, 2019 An act to add Section 19.5 to the Penal Code, relating to crimes. LEGISLATIVE COUNSEL'S DIGESTAB 927, as amended, Jones-Sawyer. Crimes: fines and fees: defendants 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 or juvenile proceeding involving a misdemeanor or a felony to make a finding that the defendant has the ability to pay, as defined. The bill would require that a defendant be presumed to not have the ability to pay if the defendant is homeless, lives in a shelter, or lives in a transitional living facility, receives need-based public assistance, is very low income, or is sentenced to state prison for an indeterminate term or a term of life without the possibility of parole. The bill would also specify factors establishing inability to pay, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly March 27, 2019
Amended IN Assembly March 27, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill No. 927
Introduced by Assembly Member Jones-SawyerFebruary 20, 2019
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
## LEGISLATIVE COUNSEL'S DIGEST
AB 927, as amended, Jones-Sawyer. Crimes: fines and fees: defendants 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 or juvenile proceeding involving a misdemeanor or a felony to make a finding that the defendant has the ability to pay, as defined. The bill would require that a defendant be presumed to not have the ability to pay if the defendant is homeless, lives in a shelter, or lives in a transitional living facility, receives need-based public assistance, is very low income, or is sentenced to state prison for an indeterminate term or a term of life without the possibility of parole. The bill would also specify factors establishing inability to pay, as specified.
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 or juvenile proceeding involving a misdemeanor or a felony to make a finding that the defendant has the ability to pay, as defined. The bill would require that a defendant be presumed to not have the ability to pay if the defendant is homeless, lives in a shelter, or lives in a transitional living facility, receives need-based public assistance, is very low income, or is sentenced to state prison for an indeterminate term or a term of life without the possibility of parole. The bill would also specify factors establishing inability to pay, as specified.
## Digest Key
## Bill Text
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, or juvenile proceeding involving a misdemeanor or felony, 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.(c) It shall be presumed that the defendant does not have the ability to pay under any of the following circumstances:(1) The defendant is homeless, lives in a shelter, or lives in a transitional living facility.(2) The defendant receives need-based public assistance.(3) The defendant is very low income, as defined in Section 50105 of the Health and Safety Code.(4) The defendant is sentenced to state prison for an indeterminate term or for a term of life without the possibility of parole.(c) Factors(d) Other factors establishing inability to pay include, but are not limited to, the following:(1) The defendants present financial cirsumstances. circumstances.(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 defendants 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. circumstances, taking into consideration the imposed term of incarceration.(5) The likelihood that the defendant will be able to obtain employment within a six-month period from the date of the courts consideration of the issue.(6) The amount of victim restitution ordered, if any.(7) Any other factor that may bear upon the defendants inability to pay.(8) The prosecution shall bear the burden of rebutting the presumption that the defendant does not have the ability to pay.
The people of the State of California do enact as follows:
## 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, or juvenile proceeding involving a misdemeanor or felony, 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.(c) It shall be presumed that the defendant does not have the ability to pay under any of the following circumstances:(1) The defendant is homeless, lives in a shelter, or lives in a transitional living facility.(2) The defendant receives need-based public assistance.(3) The defendant is very low income, as defined in Section 50105 of the Health and Safety Code.(4) The defendant is sentenced to state prison for an indeterminate term or for a term of life without the possibility of parole.(c) Factors(d) Other factors establishing inability to pay include, but are not limited to, the following:(1) The defendants present financial cirsumstances. circumstances.(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 defendants 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. circumstances, taking into consideration the imposed term of incarceration.(5) The likelihood that the defendant will be able to obtain employment within a six-month period from the date of the courts consideration of the issue.(6) The amount of victim restitution ordered, if any.(7) Any other factor that may bear upon the defendants inability to pay.(8) The prosecution shall bear the burden of rebutting the presumption that the defendant does not have the ability to pay.
SECTION 1. Section 19.5 is added to the Penal Code, to read:
### SECTION 1.
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, or juvenile proceeding involving a misdemeanor or felony, 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.(c) It shall be presumed that the defendant does not have the ability to pay under any of the following circumstances:(1) The defendant is homeless, lives in a shelter, or lives in a transitional living facility.(2) The defendant receives need-based public assistance.(3) The defendant is very low income, as defined in Section 50105 of the Health and Safety Code.(4) The defendant is sentenced to state prison for an indeterminate term or for a term of life without the possibility of parole.(c) Factors(d) Other factors establishing inability to pay include, but are not limited to, the following:(1) The defendants present financial cirsumstances. circumstances.(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 defendants 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. circumstances, taking into consideration the imposed term of incarceration.(5) The likelihood that the defendant will be able to obtain employment within a six-month period from the date of the courts consideration of the issue.(6) The amount of victim restitution ordered, if any.(7) Any other factor that may bear upon the defendants inability to pay.(8) The prosecution shall bear the burden of rebutting the presumption that the defendant does not have the ability to pay.
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, or juvenile proceeding involving a misdemeanor or felony, 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.(c) It shall be presumed that the defendant does not have the ability to pay under any of the following circumstances:(1) The defendant is homeless, lives in a shelter, or lives in a transitional living facility.(2) The defendant receives need-based public assistance.(3) The defendant is very low income, as defined in Section 50105 of the Health and Safety Code.(4) The defendant is sentenced to state prison for an indeterminate term or for a term of life without the possibility of parole.(c) Factors(d) Other factors establishing inability to pay include, but are not limited to, the following:(1) The defendants present financial cirsumstances. circumstances.(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 defendants 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. circumstances, taking into consideration the imposed term of incarceration.(5) The likelihood that the defendant will be able to obtain employment within a six-month period from the date of the courts consideration of the issue.(6) The amount of victim restitution ordered, if any.(7) Any other factor that may bear upon the defendants inability to pay.(8) The prosecution shall bear the burden of rebutting the presumption that the defendant does not have the ability to pay.
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, or juvenile proceeding involving a misdemeanor or felony, 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.(c) It shall be presumed that the defendant does not have the ability to pay under any of the following circumstances:(1) The defendant is homeless, lives in a shelter, or lives in a transitional living facility.(2) The defendant receives need-based public assistance.(3) The defendant is very low income, as defined in Section 50105 of the Health and Safety Code.(4) The defendant is sentenced to state prison for an indeterminate term or for a term of life without the possibility of parole.(c) Factors(d) Other factors establishing inability to pay include, but are not limited to, the following:(1) The defendants present financial cirsumstances. circumstances.(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 defendants 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. circumstances, taking into consideration the imposed term of incarceration.(5) The likelihood that the defendant will be able to obtain employment within a six-month period from the date of the courts consideration of the issue.(6) The amount of victim restitution ordered, if any.(7) Any other factor that may bear upon the defendants inability to pay.(8) The prosecution shall bear the burden of rebutting the presumption that the defendant does not have the ability to pay.
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, or juvenile proceeding involving a misdemeanor or felony, 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.
(c) It shall be presumed that the defendant does not have the ability to pay under any of the following circumstances:
(1) The defendant is homeless, lives in a shelter, or lives in a transitional living facility.
(2) The defendant receives need-based public assistance.
(3) The defendant is very low income, as defined in Section 50105 of the Health and Safety Code.
(4) The defendant is sentenced to state prison for an indeterminate term or for a term of life without the possibility of parole.
(c) Factors
(d) Other factors establishing inability to pay include, but are not limited to, the following:
(1) The defendants present financial cirsumstances. circumstances.
(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 defendants 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. circumstances, taking into consideration the imposed term of incarceration.
(5) The likelihood that the defendant will be able to obtain employment within a six-month period from the date of the courts consideration of the issue.
(6) The amount of victim restitution ordered, if any.
(7) Any other factor that may bear upon the defendants inability to pay.
(8) The prosecution shall bear the burden of rebutting the presumption that the defendant does not have the ability to pay.