AMENDED IN ASSEMBLY MAY 18, 2026
AMENDED IN ASSEMBLY APRIL 20, 2026
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
97
Introduced by Assembly Member Celeste Rodriguez
(Coauthors: Assembly Members Rogers and Schultz)
February 20, 2026
An act to amend Sections 6157 and 71386 of, and to repeal and add Section 68635 of, of the Government Code, to amend Section 11374.5 of, and to add Section 11470.5 to, the Health and Safety Code, to amend Sections 597.3, 1203.1a, 1203.1i, 1205.3, 1209.5, 4011.1, and 4018.6 of, and to add Section 1210.2 to, the Penal Code, to amend Sections 42007 and 42008.8 of the Vehicle Code, and to repeal Section 730.5 of the Welfare and Institutions Code, relating to fees.
Vote: majority Appropriation: no Fiscal committee: yes Local program: no
LEGISLATIVE COUNSEL’S DIGEST
Existing law imposes various fees, contingent upon a criminal arrest, prosecution, or conviction, for the cost of administering the criminal justice system, including traffic violator school fees, costs for when a minor is adjudged a ward of the court, as specified, or costs incurred by a state or local agency for the disposal of various substances if the person is convicted of the sale, possession, or transportation of a controlled substance, as specified.
This bill would repeal the authority to collect many of those fees, among others. The bill would make the unpaid balance of most court-imposed costs unenforceable and uncollectible and would require any portion of a judgment imposed by those costs to be vacated. The bill would relieve a person who is sentenced to state prison or confined in a county jail from being required to pay any trial court filing fees or costs related to the person’s underlying criminal conviction.
This bill would authorize those entities to accept personal checks, in addition to any other authorized form of payment, as payment for court-ordered debt relating to a criminal proceeding without regard to those conditions. The bill would prohibit a public entity from imposing a charge to recover processing and collection costs for returned checks for court-ordered debt relating to a criminal proceeding.
The bill would make related findings and declarations.
The bill would also make various conforming changes.
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:
(a) Approximately 80 percent of criminal defendants in California are indigent and too many enter the criminal legal system due to the criminalization of their poverty.
(b) State law authorizes or requires courts to impose criminal administrative fees on these disproportionately low-income Californians. These fees are used to fund government, including counties, courts, programs, state and local agencies, and law enforcement.
(c) Because Black and brown Californians are subjected to targeted policing and are overrepresented at every state of the criminal legal system, they are disproportionately sanctioned with criminal fees and burdened with the associated debt.
(d) The assessment of criminal fees creates a two-tiered legal system based on wealth. Those who can afford to pay avoid further consequences, while those who cannot are burdened by court-ordered debt and subject to additional penalties, including incarceration.
(e) Many of these fees are assessed simply because Californians cannot immediately pay debt in full or are struggling to pay court-ordered debt.
(f) Because these fees are often assigned to people who simply cannot afford to pay them, they make poor people, their families, and their communities poorer.
(g) According to a report by the Ella Baker Center for Human Rights, the average debt incurred for court-ordered fines and fees was roughly equal to the annual income for survey respondents.
(h) A national survey of formerly incarcerated people found that families often bear the burden of fees, and that 83 percent of the people responsible for paying these costs are women.
(i) Criminal administrative fees have no formal punitive or public safety function. Instead, they undermine public safety because the debt they cause can limit access to employment, housing, education, and public benefits. Court-ordered debt can also affect credit scores, result in wage or bank account garnishment, or tax return interception.
(j) Research also shows that criminal administrative fees can push individuals into underground economies and undermine reentry by causing individuals to turn to criminal activity or predatory lending to pay their debts.
(k) Since the fees are imposed on people who are unable to pay them, criminal administrative fees are difficult to collect and typically cost counties almost as much or more than they end up collecting in revenue.
(l) Funding government on the backs of racially marginalized and poor communities is cruel and ineffective policy. Charging these fees traps families in cyclical poverty where families have to choose between paying off court-ordered debt and paying rent, or buying food and other necessities.
SEC. 2.
It is the intent of the Legislature to eliminate the assessment of certain fees on low-income Californians who cannot afford to pay court-ordered debt.
Section 6157 of the Government Code is amended to read:
6157.
(a) Except as provided in subdivision (e), the state, and each city, whether general law or chartered, county, and district, each subdivision, department, board, commission, body, or agency of the foregoing, shall accept personal checks, in addition to any other authorized form of payment, drawn in its favor or in favor of a designated official thereof, in payment for any license, permit, or fee, or in payment of any obligation owing to the public agency or trust deposit, if the person issuing the check furnishes to the person authorized to receive payment satisfactory proof of residence in this state and if the personal check is drawn on a banking institution located in this state.
(b) If any personal check, corporate check, cashier’s check, money order, or other draft method offered in payment pursuant to this section is returned without payment, for any reason, a reasonable charge for the returned check, not to exceed the actual costs incurred by the public agency, may be imposed to recover the public agency’s processing and collection costs, except that a charge shall not be imposed in regard to a payment for court-ordered debt relating to a criminal proceeding. This charge may be added to, and become part of, any underlying obligation other than an obligation which constitutes a lien on real property, and a different method of payment for that payment and future payments by this person may be prescribed.
(c) The acceptance of a personal check, corporate check, cashier’s check, money order, or other draft method pursuant to this section constitutes payment of the obligation owed to the payee public agency to the extent of the amount of the check as of the date of acceptance when, but not before, the check is duly paid.
(d) The provisions in subdivision (b) prohibiting a returned check charge being added to, and becoming a part of, an obligation which constitutes a lien on real property do not apply to obligations under the Veterans’ Farm and Home Purchase Act of 1974 (Article 3.1 (commencing with Section 987.50) of Chapter 6 of Division 4 of the Military and Veterans Code).
(e) The state, and each city, whether general law or chartered, county, and district, each subdivision, department, board, commission, body, or agency of the foregoing, may accept personal checks in addition to any other authorized form of payment drawn in its favor or in favor of a designated official thereof, in payment for court-ordered debt relating to a criminal proceeding.
(f) An entity or jurisdiction that chooses to accept checks in payment for court-ordered debt relating to a criminal proceeding does so at their own risk and is prohibited from charging a fee for returned checks or insufficient funds.
(g) Beginning January 1, 2027, returned check fees for payments for court-ordered debt relating to a criminal proceeding are unenforceable and uncollectible and any portion of a judgment imposing those costs, shall be vacated.
SEC. 4.SEC. 3.
Section 68635 of the Government Code is repealed.
SEC. 5.SEC. 4.
Section 68635 is added to the Government Code, to read:
68635.
(a) This section applies only to waivers of trial court fees.
(b) Notwithstanding any other law, a person who is sentenced to state prison or confined in a county jail shall not be required to pay trial court filing fees or costs related to the person’s incarceration for the underlying criminal conviction.
(c) Beginning January 1, 2027, the unpaid balance of any court-imposed costs pursuant to this section as it read on December 31, 2026, is unenforceable and uncollectible and any portion of a judgment imposing those costs shall be vacated.
Section 71386 of the Government Code is amended to read:
71386.
(a) Each superior court shall adopt a written policy, consistent with rules adopted by, or trial court financial policies and procedures authorized by, the Judicial Council under subdivision (a) of Section 77206, governing the acceptance of checks and money orders in payment of any fees, fines, or bail deposits. The policy shall permit clerks to accept checks and money orders under conditions that tend to assure their validity.
(b) A court shall accept a personal check, bank cashier’s check, or money order for payment of any fee or fine, or for a deposit of bail for any offense that is not declared to be a felony, provided the check or money order meets the criteria established in subdivision (a). However, no court shall be required to accept a check in excess of three hundred dollars ($300) from a defendant in custody as a deposit of bail for any alleged violation of the Penal Code.
(c) The acceptance of a check pursuant to this section constitutes payment of the obligation owed to the payee public agency to the extent of the amount of the check as of the date of acceptance.
(d) An entity or jurisdiction that chooses to accept a check accepts it at their own risk and is prohibited from charging a fee for returned checks or insufficient funds.
(e) Beginning January 1, 2027, returned check fees are unenforceable and uncollectible and any portion of a judgment imposing those costs shall be vacated.
SEC. 7.SEC. 5.
Section 11374.5 of the Health and Safety Code is amended to read:
11374.5.
(a) Any manufacturer of a controlled substance who disposes of any hazardous substance that is a controlled substance or a chemical used in, or is a byproduct of, the manufacture of a controlled substance in violation of any law regulating the disposal of hazardous substances or hazardous waste is guilty of a public offense punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years or in the county jail not exceeding one year.
(b) (1) In addition to any other penalty or liability imposed by law, a person who is convicted of violating subdivision (a), or any person who is convicted of the manufacture or disposal of any hazardous substance that is a controlled substance or a chemical used in, or is a byproduct of, the manufacture of a controlled substance in violation of any law, shall pay a penalty equal to the amount of the actual cost incurred by the state or local agency to remove and dispose of the hazardous substance that is a controlled substance or a chemical used in, or is a byproduct of, the manufacture of a controlled substance and to take removal action with respect to any release of the hazardous substance or any items or materials contaminated by that release, if the state or local agency requests the prosecuting authority to seek recovery of that cost. The court shall transmit all penalties collected pursuant to this subdivision to the county treasurer of the county in which the court is located for deposit in a special account in the county treasury. The county treasurer shall pay that money at least once a month to the agency that requested recovery of the cost for the removal action. The county may retain up to 5 percent of any assessed penalty for appropriate and reasonable administrative costs attributable to the collection and disbursement of the penalty.
(2) If the Department of Toxic Substances Control has requested recovery of the cost of removing the hazardous substance that is a controlled substance or a chemical used in, or is a byproduct of, the manufacture of a controlled substance or taking removal action with respect to any release of the hazardous substance, the county treasurer shall transfer funds in the amount of the penalty collected to the Treasurer, who shall deposit the money in the Illegal Drug Lab Cleanup Account. The Department of Toxic Substances Control may expend the money in the Illegal Drug Lab Cleanup Account, upon appropriation by the Legislature, to cover the cost of taking removal actions pursuant to Article 16 (commencing with Section 79350) of Chapter 5 of Part 2 of Division 45.
(c) As used in this section the following terms have the following meanings:
(1) “Dispose” means to abandon, deposit, intern, or otherwise discard as a final action after use has been achieved or a use is no longer intended.
(2) “Hazardous substance” has the same meaning as defined in subdivision (a) of Section 78075.
(3) “Hazardous waste” has the same meaning as defined in Section 25117.
(4) “Remove” or “removal” has the same meaning as set forth in Section 78135.
SEC. 8.SEC. 6.
Section 11470.5 is added to the Health and Safety Code, to read:
11470.5.
Beginning January 1, 2027, the unpaid balance of any court-imposed costs pursuant to Section 11374.5 as that section read on December 31, 2026, is unenforceable and uncollectible and any portion of a judgment imposing those costs shall be vacated.
SEC. 9.SEC. 7.
Section 597.3 of the Penal Code is amended to read:
597.3.
(a) Every person who operates a live animal market shall do all of the following:
(1) Provide that no animal will be dismembered, flayed, cut open, or have its skin, scales, feathers, or shell removed while the animal is still alive.
(2) Provide that no live animals will be confined, held, or displayed in a manner that results, or is likely to result, in injury, starvation, dehydration, or suffocation.
(b) As used in this section:
(1) “Animal” means frogs, turtles, and birds sold for the purpose of human consumption, with the exception of poultry.
(2) “Live animal market” means a retail food market where, in the regular course of business, animals are stored alive and sold to consumers for the purpose of human consumption.
(c) Any person who fails to comply with any requirement of subdivision (a) shall for the first violation, be given a written warning in a written language that is understood by the person receiving the warning. A second or subsequent violation of subdivision (a) shall be an infraction, punishable by a fine of not less than two hundred fifty dollars ($250), nor more than one thousand dollars ($1,000). However, a fine paid for a second violation of subdivision (a) shall be deferred for six months if a course is available that is administered by a state or local agency on state law and local ordinances relating to live animal markets. If the person convicted successfully completes that course within six months of entry of judgment, the fine shall be waived.
(d) Beginning January 1, 2027, any outstanding fees issued pursuant to this section are unenforceable and uncollectible and any portion of a judgment imposing those costs shall be vacated.
SEC. 10.SEC. 8.
Section 1203.1a of the Penal Code is amended to read:
1203.1a.
(a) The probation officer of the county may authorize the temporary removal under custody or temporary release without custody of any person confined in a county jail, honor farm, or other detention facility, who is confined or committed as a condition of probation, after suspension of imposition of sentence or suspension of execution of sentence, for purposes preparatory to their return to the community, within 30 days prior to their release date, if the probation officer concludes that the person confined or committed is a fit subject for return.
(b) Beginning January 1, 2027, any outstanding fees issued pursuant to this section are unenforceable and uncollectible and any portion of a judgment imposing those costs shall be vacated.
SEC. 11.SEC. 9.
Section 1203.1i of the Penal Code is amended to read:
1203.1i.
(a) When a person is convicted of a violation of any building standards adopted by a local entity by ordinance or resolution, including, but not limited to, local health, fire, building, or safety ordinances or resolutions, or any other ordinance or resolution relating to the health and safety of occupants of buildings, by maintaining a substandard building, as specified in Section 17920.3 of the Health and Safety Code, the court, or judge thereof, in making an order granting probation, in addition to any other orders, may order the person placed under house confinement, or may order the person convicted to serve both a term of imprisonment in the county jail and to be placed under house confinement.
(b) This section only applies to violations involving a dwelling unit occupied by persons specified in subdivision (a) of Section 1940 of the Civil Code who are not excluded by subdivision (b) of that section.
(c) As used in this section, “house confinement” means confinement to a residence or location designated by the court and specified in the probation order.
(d) Beginning January 1, 2027, any outstanding fees issued pursuant to this section are unenforceable and uncollectible and any portion of a judgment imposing those costs shall be vacated.
SEC. 12.SEC. 10.
Section 1205.3 of the Penal Code is amended to read:
1205.3.
(a) When a defendant is convicted of an offense and granted probation, and the court orders the defendant either to pay a fine or to perform specified community service work as a condition of probation, the court shall specify that if community service work is performed, it shall be performed in place of the payment of all fines and restitution fines on a proportional basis, and the court shall specify in its order the amount of the fine and restitution fine and the number of hours of community service work that shall be performed as an alternative to payment of the fine.
(b) Beginning January 1, 2027, a county, municipality, or contracted entity shall not charge a fee to participate in a community service program or to otherwise fulfill court-ordered community service requirements pursuant to this section. A court shall not deny participation in community service programs based on an inability to charge fees or otherwise recoup costs.
SEC. 13.SEC. 11.
Section 1209.5 of the Penal Code is amended to read:
1209.5.
(a) Notwithstanding any other law, the court shall permit a person convicted of an infraction, upon a showing that payment of the total fine would pose a hardship on the defendant or the defendant’s family, to elect to perform community service in lieu of the total fine that would otherwise be imposed.
(b) For purposes of this section, the term “total fine” means the total bail, including the base fine and all assessments, penalties, and additional moneys to be paid by the defendant.
(c) (1) For purposes of this section, the hourly rate applicable to community service performed pursuant to this section shall be double the minimum wage set for the applicable calendar year, based on the schedule for an employer who employs 25 or fewer employees, as established in paragraph (2) of subdivision (b) of Section 1182.12 of the Labor Code.
(2) Notwithstanding paragraph (1), a court may by local rule increase the amount that is credited for each hour of community service performed pursuant to this section, to exceed the hourly rate described in paragraph (1).
(d) (1) If the court determines that a person who has been convicted of an infraction has shown that payment of the total fine would pose a hardship pursuant to subdivision (a) and the person has elected to perform community service in lieu of paying the total fine, the person may elect to perform that community service in the county in which the infraction violation occurred, the county of the person’s residence, or any other county to which the person has substantial ties, including, but not limited to, employment, family, or education ties.
(2) Regardless of the county in which the person elects to perform community service pursuant to paragraph (1), the court shall retain jurisdiction until the community service has been verified as complete.
(e) (1) If the court determines that a person who has been convicted of an infraction has shown that payment of the total fine would pose a hardship pursuant to subdivision (a) and the person has elected to perform community service in lieu of paying the total fine pursuant to subdivision (d), the court may, in its discretion, permit a person to participate in an educational program to satisfy community service hours.
(2) As used in this subdivision, an educational program includes, but is not limited to, high school or General Education Development classes, college courses, adult literacy or English as a second language programs, and vocational education programs.
(f) Beginning January 1, 2027, a county, municipality, or contracted entity shall not charge a fee to participate in a community service program, educational program, or to otherwise fulfill court-ordered community service requirements pursuant to this section. A court shall not deny participation in community service programs based on an inability to charge fees or otherwise recoup costs.
SEC. 14.SEC. 12.
Section 1210.2 is added to the Penal Code, to read:
1210.2.
A county, municipality, or contracted entity shall not charge an administrative fee for participation in community service work for either of the following circumstances:
(a) Punishment for a crime.
(b) As a financial hardship alternative for a fine or monetary penalty.
SEC. 15.SEC. 13.
Section 4011.1 of the Penal Code is amended to read:
4011.1.
(a) Notwithstanding Section 29602 of the Government Code and any other provisions of this chapter, a county, city or the Department of Corrections and Rehabilitation, Division of Juvenile Justice, is authorized to make claim for and recovery of the costs of necessary hospital, medical, surgical, dental, or optometric care rendered to any prisoner confined in a county or city jail or any juvenile confined in a detention facility, who would otherwise be entitled to that care under the Medi-Cal Act (Chapter 7 (commencing with Section 14000) Part 3, Division 9, of the Welfare and Institutions Code), and who is eligible for that care on the first day of confinement or detention, to the extent that federal financial participation is available, or under the provisions of any private program or policy for that care, and the county, city or the Department of Corrections and Rehabilitation, Division of Juvenile Justice, shall be liable only for the costs of that care as cannot be recovered pursuant to this section. A person who is eligible for Medi-Cal shall not be eligible for benefits under the provisions of this section, and a county or city or the Department of Corrections and Rehabilitation, Division of Juvenile Justice, is not authorized to make a claim for any recovery of costs for services for that person, unless federal financial participation is available for all or part of the costs of providing services to that person under the Medi-Cal Act.
(b) Notwithstanding any other law, any county or city making a claim pursuant to this section and under the Medi-Cal Act shall reimburse the Health Care Deposit Fund for the state costs of paying those medical claims. Funds allocated to the county from the County Health Services Fund pursuant to Part 4.5 (commencing with Section 16700) of Division 9 of the Welfare and Institutions Code may be utilized by the county or city to make that reimbursement.
(c) Beginning January 1, 2027, any outstanding fees issued pursuant to this section are unenforceable and uncollectible and any portion of a judgment imposing those costs shall be vacated.
SEC. 16.SEC. 14.
Section 4018.6 of the Penal Code is amended to read:
4018.6.
(a) The sheriff of the county may authorize the temporary removal under custody or temporary release without custody of any person confined to the county jail, honor farm, or other detention facility for family emergencies or for purposes preparatory to their return to the community, if the sheriff concludes that the person confined is a fit subject therefor. Temporary removal shall not be for a period of more than three days. When a person confined is released for purposes preparatory to their return to the community, the sheriff shall not require the person detained to reimburse the county, in whole or in part, for expenses incurred by the county in connection with the release.
(b) Beginning January 1, 2027, any outstanding fees issued pursuant to this section are unenforceable and uncollectible and any portion of a judgment imposing those costs shall be vacated.
SEC. 17.SEC. 15.
Section 42007 of the Vehicle Code is amended to read:
42007.
(a) (1) The clerk of the court shall collect a fee from every person who is ordered or permitted to attend a traffic violator school pursuant to Section 41501 or 42005 in an amount equal to the total bail set forth for the eligible offense on the uniform countywide bail schedule. As used in this subdivision, “total bail” means the amount established pursuant to Section 1269b of the Penal Code in accordance with the Uniform Bail and Penalty Schedule adopted by the Judicial Council, including all assessments, surcharges, and penalty amounts. Where multiple offenses are charged in a single notice to appear, the “total bail” is the amount applicable for the greater of the qualifying offenses. However, the court may determine a lesser fee under this subdivision upon a showing that the defendant is unable to pay the full amount. The fee shall not include the cost, or any part thereof, of traffic safety instruction offered by a traffic violator school.
(2) The clerk may accept from a defendant who is ordered or permitted to attend traffic violator school a payment of at least 10 percent of the fee required by paragraph (1) upon filing a written agreement by the defendant to pay the remainder of the fee according to an installment payment schedule of no more than 90 days as agreed upon with the court. The Judicial Council shall prescribe the form of the agreement for payment of the fee in installments. When the defendant signs the Judicial Council form for payment of the fee in installments, the court shall continue the case to the date in the agreement to complete payment of the fee and submit the certificate of completion of traffic violator school to the court. A court shall not charge a participant for enrolling in a payment installment plan pursuant to this section.
(3) If a defendant fails to make an installment payment of the fee according to an installment agreement, the court may convert the fee to bail, declare it forfeited, and report the forfeiture as a conviction under Section 1803. The court may also charge a failure to pay under Section 40508 and impose a civil assessment as provided in Section 1214.1 of the Penal Code or issue an arrest warrant for a failure to pay. For the purposes of reporting a conviction under this subdivision to the department under Section 1803, the date that the court declares the bail forfeited shall be reported as the date of conviction.
(b) Revenues derived from the fee collected under this section shall be deposited in accordance with Section 68084 of the Government Code in the general fund of the county and, as may be applicable, distributed as follows:
(1) In any county in which a fund is established pursuant to Section 76100 or 76101 of the Government Code, the sum of one dollar ($1) for each fund so established shall be deposited with the county treasurer and placed in that fund.
(2) In any county that has established a Maddy Emergency Medical Services Fund pursuant to Section 1797.98a of the Health and Safety Code, an amount equal to the sum of each two dollars ($2) for every seven dollars ($7) that would have been collected pursuant to Section 76000 of the Government Code and, commencing January 1, 2009, an amount equal to the sum of each two dollars ($2) for every ten dollars ($10) that would have been collected pursuant to Section 76000.5 of the Government Code with respect to those counties to which that section is applicable shall be deposited in that fund. Nothing in the act that added this paragraph shall be interpreted in a manner that would result in either of the following:
(A) The utilization of penalty assessment funds that had been set aside, on or before January 1, 2000, to finance debt service on a capital facility that existed before January 1, 2000.
(B) The reduction of the availability of penalty assessment revenues that had been pledged, on or before January 1, 2000, as a means of financing a facility which was approved by a county board of supervisors, but on January 1, 2000, is not under construction.
(3) The amount of the fee that is attributable to Section 70372 of the Government Code shall be transferred pursuant to subdivision (f) of that section.
(c) For fees resulting from city arrests, an amount equal to the amount of base fines that would have been deposited in the treasury of the appropriate city pursuant to paragraph (3) of subdivision (b) of Section 1463.001 of the Penal Code shall be deposited in the treasury of the appropriate city.
(d) The clerk of the court, in a county that offers traffic school shall include in any courtesy notice mailed to a defendant for an offense that qualifies for traffic school attendance the following statement:
NOTICE: If you are eligible and decide not to attend traffic school your automobile insurance may be adversely affected. For drivers with a noncommercial driver’s license, one conviction in any 18-month period will be held confidential and not show on your driving record if you complete a traffic violator school program. For drivers with a commercial driver’s license, one conviction in any 18-month period will show on your driving record without a violation point if you complete a traffic violator school program.
(e) Notwithstanding any other provision of law, a county that has established a Maddy Emergency Medical Services Fund pursuant to Section 1797.98a of the Health and Safety Code shall not be held liable for having deposited into the fund, prior to January 1, 2009, an amount equal to two dollars ($2) for every ten dollars ($10) that would have been collected pursuant to Section 76000.5 of the Government Code from revenues derived from traffic violator school fees collected pursuant to this section.
(f) Beginning January 1, 2027, payment plan installment fees are unenforceable and uncollectible and any portion of a judgment imposing those costs shall be vacated.
SEC. 18.SEC. 16.
Section 42008.8 of the Vehicle Code is amended to read:
42008.8.
(a) The Legislature finds and declares that a one-time infraction amnesty program would do all of the following:
(1) Provide relief to individuals who have found themselves in violation of a court-ordered obligation because they have unpaid traffic bail or fines.
(2) Provide relief to individuals who have found themselves in violation of a court-ordered obligation or who have had their driving privileges suspended pursuant to Section 13365.
(3) Provide increased revenue at a time when revenue is scarce by encouraging payment of old fines that have remained unpaid.
(4) Allow courts and counties to resolve older delinquent cases and focus limited resources on collections for more recent cases.
(b) A one-time amnesty program for unpaid fines and bail meeting the eligibility requirements set forth in subdivision (g) shall be established in each county. Unless agreed otherwise by the court and the county in writing, the government entities that are responsible for the collection of delinquent court-ordered debt shall be responsible for implementation of the amnesty program as to that debt, maintaining the same division of responsibility in place with respect to the collection of court-ordered debt under subdivision (b) of Section 1463.010 of the Penal Code.
(c) As used in this section, the term “fine” or “bail” refers to the total amounts due in connection with a specific violation, including, but not limited to, all of the following:
(1) Base fine or bail, as established by court order, by statute, or by the court’s bail schedule.
(2) Penalty assessments imposed pursuant to Section 1464 of the Penal Code, and Sections 70372, 76000, 76000.5, 76104.6, and 76104.7 of, and paragraph (1) of subdivision (c) of Section 76000.10 of, the Government Code, and Section 42006 of this code.
(3) State surcharges imposed pursuant to Section 1465.7 of the Penal Code.
(4) Court operations assessments imposed pursuant to Section 1465.8 of the Penal Code.
(5) Criminal conviction assessments pursuant to Section 70373 of the Government Code.
(d) Notwithstanding subdivision (c), any civil assessment imposed pursuant to Section 1214.1 of the Penal Code shall not be collected, nor shall the payment of that assessment be a requirement of participation in the amnesty program.
(e) Concurrent with the amnesty program established pursuant to subdivision (b), between October 1, 2015, to March 31, 2017, inclusive, the following shall apply:
(1) The court shall, within 90 days, issue and file the appropriate certificate pursuant to subdivisions (a) and (b) of Section 40509 for any participant of the one-time amnesty program established pursuant to subdivision (b) demonstrating that the participant has appeared in court, paid the fine, or otherwise satisfied the court, if the driving privilege of that participant was suspended pursuant to Section 13365 in connection with a specific violation described in paragraph (1), (2), or (3) of subdivision (g). For applications submitted prior to January 1, 2017, that remain outstanding as of that date, the court shall issue and file the certificate no later than March 31, 2017. For applications submitted on or before March 31, 2017, all terms and procedures related to the participant’s payment plans shall remain in effect after March 31, 2017.
(2) The court shall, within 90 days, issue and file with the department the appropriate certificate pursuant to subdivisions (a) and (b) of Section 40509 for any person in good standing in a comprehensive collection program pursuant to subdivision (c) of Section 1463.007 of the Penal Code demonstrating that the person has appeared in court, paid the fine, or otherwise satisfied the court, if the driving privilege was suspended pursuant to Section 13365 in connection with a specific violation described in paragraph (1), (2), or (3) of subdivision (g). For applications submitted prior to January 1, 2017, that remain outstanding as of that date, the court shall issue and file the certificate no later than March 31, 2017. For applications submitted on or before March 31, 2017, all terms and procedures related to the participant’s payment plans shall remain in effect after March 31, 2017.
(3) Any person who is eligible for a driver’s license pursuant to Section 12801, 12801.5, or 12801.9 shall be eligible for the amnesty program established pursuant to subdivision (b) for any specific violation described in subdivision (g). The department shall issue a driver’s license to any person who is eligible pursuant to Section 12801, 12801.5, or 12801.9 if the person is participating in the amnesty program and is otherwise eligible for the driver’s license but for the fines or bail to be collected through the program.
(4) The Department of Motor Vehicles shall not deny reinstating the driving privilege of any person who participates in the amnesty program established pursuant to subdivision (b) for any fines or bail in connection with the specific violation that is the basis for participation in the amnesty program.
(f) In addition to, and at the same time as, the mandatory one-time amnesty program is established pursuant to subdivision (b), the court and the county may jointly agree to extend that amnesty program to fines and bail imposed for a misdemeanor violation of this code and a violation of Section 853.7 of the Penal Code that was added to the misdemeanor case otherwise subject to the amnesty. The amnesty program authorized pursuant to this subdivision shall not apply to parking violations and violations of Sections 23103, 23104, 23105, 23152, and 23153.
(g) A violation is only eligible for amnesty if paragraph (1), (2), or (3) applies, and the requirements of paragraphs (4) to (8), inclusive, are met:
(1) The violation is an infraction violation filed with the court.
(2) It is a violation of subdivision (a) or (b) of Section 40508, or a violation of Section 853.7 of the Penal Code that was added to the case subject to paragraph (1).
(3) The violation is a misdemeanor violation filed with the court to which subdivision (f) applies.
(4) The initial due date for payment of the fine or bail was on or before January 1, 2013.
(5) There are no outstanding misdemeanor or felony warrants for the defendant within the county, except for misdemeanor warrants for misdemeanor violations subject to this section.
(6) The person does not owe victim restitution on any case within the county.
(7) The person has not made any payments for the violation after September 30, 2015, to a comprehensive collection program in the county pursuant to subdivision (c) of Section 1463.007 of the Penal Code.
(8) The person filed a request with the court on or before March 31, 2017.
(h) (1) Except as provided in paragraph (2), each amnesty program shall accept, in full satisfaction of any eligible fine or bail, 50 percent of the fine or bail amount, as defined in subdivision (c).
(2) If the participant certifies under penalty of perjury that they receive any of the public benefits listed in subdivision (a) of Section 68632 of the Government Code or is within the conditions described in subdivision (b) of Section 68632 of the Government Code, the amnesty program shall accept, in full satisfaction of any eligible fine or bail, 20 percent of the fine or bail amount, as defined in subdivision (c).
(i) The Judicial Council, in consultation with the California State Association of Counties, shall adopt guidelines for the amnesty program no later than October 1, 2015, and each program shall be conducted in accordance with the Judicial Council’s guidelines. As part of its guidelines, the Judicial Council shall include all of the following:
(1) A payment plan option created pursuant to Judicial Council guidelines in which a monthly payment is equal to the amount that an eligible participant can afford to pay per month consistent with Sections 68633 and 68634 of the Government Code. If a participant chooses the payment plan option, the county or court shall collect all relevant information to allow for collection by the Franchise Tax Board pursuant to existing protocols prescribed by the Franchise Tax Board to collect delinquent debts of any amount in which a participant is delinquent or otherwise in default under their amnesty payment plan.
(2) If a participant does not comply with the terms of their payment plan under the amnesty program, including failing to make one or more payments, the appropriate agency shall send a notice to the participant that they have failed to make one or more payments and that the participant has 30 days to either resume making payments or to request that the agency change the payment amount. If the participant fails to respond to the notice within 30 days, the appropriate agency may refer the participant to the Franchise Tax Board for collection of any remaining balance owed, including an amount equal to the reasonable administrative costs incurred by the Franchise Tax Board to collect the delinquent amount owed. The Franchise Tax Board shall collect any delinquent amounts owed pursuant to existing protocols prescribed by the Franchise Tax Board. The comprehensive collection program may also utilize additional collection efforts pursuant to Section 1463.007 of the Penal Code, except for subparagraph (C) of paragraph (4) of subdivision (c) of that section.
(3) A plan for outreach that will, at a minimum, make available via an internet website relevant information regarding the amnesty program, including how an individual may participate in the amnesty program.
(4) The Judicial Council shall reimburse costs incurred by the Department of Motor Vehicles up to an amount not to exceed two hundred fifty thousand dollars ($250,000), including all of the following:
(A) Providing on a separate insert with each motor vehicle registration renewal notice a summary of the amnesty program established pursuant to this section that is compliant with Section 7292 of the Government Code.
(B) Posting on the department’s internet website information regarding the amnesty program.
(C) Personnel costs associated with the amnesty program.
(j) The Judicial Council, in consultation with the department, may, within its existing resources, consider, adopt, or develop recommendations for an appropriate mechanism or mechanisms to allow reinstatement of the driving privilege of any person who otherwise meets the criteria for amnesty but who has violations in more than one county.
(k) A criminal action shall not be brought against a person for a delinquent fine or bail paid under the amnesty program.
(l) (1) The total amount of funds collected under the amnesty program shall, as soon as practical after receipt thereof, be deposited in the county treasury or the account established under Section 77009 of the Government Code. After acceptance of the amount specified in subdivision (h), notwithstanding Section 1203.1d of the Penal Code, the remaining revenues collected under the amnesty program shall be distributed on a pro rata basis in the same manner as a partial payment distributed pursuant to Section 1462.5 of the Penal Code.
(2) Notwithstanding Section 1464 of the Penal Code, the amount of funds collected pursuant to this section that would be available for distribution pursuant to subdivision (f) of Section 1464 of the Penal Code shall instead be distributed as follows:
(A) The first two hundred fifty thousand dollars ($250,000) received shall be transferred to the Judicial Council.
(B) Following the transfer of the funds described in subparagraph (A), once a month, both of the following transfers shall occur:
(i) An amount equal to 82.20 percent of the amount of funds collected pursuant to this section during the preceding month shall be transferred into the Peace Officers’ Training Fund.
(ii) An amount equal to 17.80 percent of the amount of funds collected pursuant to this section during the preceding month shall be transferred into the Corrections Training Fund.
(m) Each court or county implementing an amnesty program shall file, not later than May 31, 2017, a written report with the Judicial Council, on a form approved by the Judicial Council. The report shall include information about the number of cases resolved, the amount of money collected, and the operating costs of the amnesty program. Notwithstanding Section 10231.5 of the Government Code, on or before August 31, 2017, the Judicial Council shall submit a report to the Legislature summarizing the information provided by each court or county.
(n) Beginning January 1, 2027, amnesty program administrative fees are unenforceable and uncollectible and any portion of a judgment imposing those costs shall be vacated.
SEC. 19.SEC. 17.
Section 730.5 of the Welfare and Institutions Code is repealed.