SB 37

Under current law, if a person is found guilty of violating a traffic regulation,

the court may enter judgment against the defendant for the forfeiture and for any

applicable costs, fees, and surcharges. In addition, the court may suspend or revoke

the person's operating privilege for a period not exceeding one year. This bill requires

the court, when entering judgment, to tell the defendant, or to notify the defendant

if he or she is not present in court, that he or she should notify the court if he or she

is unable to pay the judgment because of poverty. The bill requires the court to

determine if the defendant is unable to pay the judgment because of poverty, and if

so, to give the defendant the opportunity to pay the judgment in installments, based

on the defendant's income, before suspending the defendant's operating privilege for

failure to pay the judgment.

Under current law, if a defendant is found guilty in municipal court of an

ordinance violation, the court orders the defendant to pay a forfeiture, restitution,

and applicable surcharges and informs the defendant of the date on which the

judgment must be paid and of the penalties of failure to pay the judgment, including

imprisonment and operating privilege suspension. The bill requires the municipal

court to also notify the defendant at the time the judgment is rendered that, if the

defendant cannot pay the judgment because of poverty, he or she should notify the

court. If a judgment is not paid, current law allows the municipal court to defer

payments, provide for installment payments of the judgment, allow the defendant

to perform community service in lieu of paying the judgment, suspend the

defendant's operating privilege, or imprison the defendant for up to 90 days. This

bill prohibits the judge from ordering the defendant imprisoned or the suspension of

the defendant's operating privilege if the defendant has notified the municipal court

of his or her poverty unless the defendant fails to comply with the court order to pay

the judgment in installments or to perform community service work.

Currently, a person found guilty of violating a traffic regulation or ordinance

who fails to pay the ordered judgment may be imprisoned for up to 90 days or may

have his or her operating privilege suspended for 30 days or until the judgment is

paid, but not to exceed two years. Under this bill, if a court has suspended a person's

operating privilege for failure to pay a judgment, the court may terminate the

ordered operating privilege suspension and substitute an installment plan for the

payment of the judgment. The bill requires the court to terminate the ordered

operating privilege suspension and substitute an installment plan for the payment

of the judgment if the defendant is unable to pay the judgment because of poverty

and the defendant has not previously failed to comply with a court-ordered

installment plan.