California 2021-2022 Regular Session

California Assembly Bill AB1803

Introduced
2/7/22  
Introduced
2/7/22  
Refer
2/18/22  
Refer
2/18/22  
Report Pass
3/16/22  
Report Pass
3/16/22  
Refer
3/16/22  
Refer
3/30/22  
Refer
3/30/22  
Report Pass
5/19/22  
Engrossed
5/26/22  
Refer
5/27/22  
Refer
5/27/22  
Refer
6/8/22  
Refer
6/8/22  
Report Pass
6/22/22  
Report Pass
6/22/22  
Refer
6/22/22  
Refer
6/22/22  
Refer
8/2/22  
Report Pass
8/11/22  
Report Pass
8/11/22  
Enrolled
8/30/22  
Chaptered
9/23/22  
Chaptered
9/23/22  
Passed
9/23/22  

Caption

Court fees: ability to pay.

Impact

The bill amends existing provisions in the Penal Code, specifically adding Sections 1203.426 and 1203.427. Under these new sections, individuals who qualify based on established criteria (like income levels below 125% of the poverty guidelines) will no longer be responsible for reimbursing the court or other entities for fees when petitioning the court for relief. This change aims to reduce the financial burden on individuals trying to clear their records, thus encouraging more people to seek the legal relief they are entitled to after serving their sentences.

Summary

Assembly Bill No. 1803, introduced by Jones-Sawyer, focuses on the ability of individuals convicted of crimes to challenge their past convictions without the burden of court fees. This legislation seeks to make the legal process more equitable by waiving fees for those who have completed probation or imprisonment. This approach recognizes the financial barriers that could hinder individuals from exercising their rights to seek expungement or a change of plea, potentially impacting their future opportunities significantly. The bill emphasizes rehabilitation and reintegration into society, aligning with broader goals of criminal justice reform.

Sentiment

The reaction to AB 1803 has generally been supportive, particularly among advocates for criminal justice reform and rehabilitation programs. Proponents argue that the bill's provisions foster a more inclusive legal framework that allows better access to justice for marginalized groups who may struggle with financial obligations. On the other hand, there may be concerns regarding the implications of waiving fees, with some critics questioning how this change could affect the overall funding for court systems and the administration of justice.

Contention

Notably, the bill includes a provision that would ensure eligible individuals cannot be denied relief based solely on unmet restitution obligations. This point has raised discussions about the balance between holding individuals accountable versus enabling their reintegration into society. Furthermore, the bill stipulates that its provisions could become inoperative if Senate Bill 1106 is enacted, introducing a layer of complexity regarding the future of this legislation.

Companion Bills

No companion bills found.

Similar Bills

CA AB134

Public safety trailer bill.

CA SB134

Public safety trailer bill.

LA HB286

Provides for the payment of restitution to the Crime Victims Reparations Fund in certain cases

CA AB1077

Collaborative court program incentives.

AL HB96

Relating to voting rights; to amend Sections 15-22-36.1, 17-3-31, and 17-4-3, Code of Alabama 1975; to eliminate the application requirement and the Certificate of Eligibility to Register to Vote; to require the Board of Pardons and Paroles to determine whether an individual may have his or her right to vote restored if the individual has lost his or her right to vote by reason of conviction in a state or federal court and has been pardoned or released from incarceration or period of probation or parole; to allow an indigent individual to have his or her right to vote restored if he or she has paid all fines and restitution and is in compliance with an approved payment plan for the payment of court costs and fees or an approved community service plan to offset the payment of court costs and fees; to remove impeachment from the list of offenses that prohibit an individual from having his or her right to vote restored to make consistent with existing law; and to add Section 17-3-31.1 to the Code of Alabama 1975, to require notification to the individual that his or her right to vote has been restored.

AL SB21

Relating to voting rights; to amend Sections 15-22-36.1, 17-3-31, and 17-4-3, Code of Alabama 1975; to eliminate the application requirement and the Certificate of Eligibility to Register to Vote; to require the Board of Pardons and Paroles to determine whether an individual may have his or her right to vote restored if the individual has lost his or her right to vote by reason of conviction in a state or federal court and has been pardoned or released from incarceration or period of probation or parole; to allow an indigent individual to have his or her right to vote restored if he or she has paid all fines and restitution and is in compliance with an approved payment plan for the payment of court costs and fees or an approved community service plan to offset the payment of court costs and fees; to remove impeachment from the list of offenses that prohibit an individual from having his or her right to vote restored to make consistent with existing law; and to add Section 17-3-31.1 to the Code of Alabama 1975, to require notification to the individual that his or her right to vote has been restored.

AL SB121

Relating to voting rights; to amend Sections 15-22-36.1, 17-3-31, and 17-4-3, Code of Alabama 1975; to eliminate the application requirement and the Certificate of Eligibility to Register to Vote; to require the Board of Pardons and Paroles to determine whether an individual may have his or her right to vote restored if the individual has lost his or her right to vote by reason of conviction in a state or federal court and has been pardoned or released from incarceration or period of probation or parole; to allow an indigent individual to have his or her right to vote restored if he or she has paid all fines and restitution and is in compliance with an approved payment plan for the payment of court costs and fees or an approved community service plan to offset the payment of court costs and fees; to remove impeachment from the list of offenses that prohibit an individual from having his or her right to vote restored to make consistent with existing law; and to add Section 17-3-31.1 to the Code of Alabama 1975, to require notification to the individual that his or her right to vote has been restored.

AL SB6

Voting rights restoration, application requirement eliminated, Board of Pardons and Paroles to determine eligibility to receive Certificate of Eligibility to Register to Vote, indigent individual's voting rights to be restored if individual is in compliance with approved payment plan for payment of fines, court costs and fees, Secs. 15-22-36.1, 17-3-31 am'd.