HB 236 Provides court may, at sentencing, assign an amount not greater than 25% of the defendant’s gross salary, wages or other earnings to be used for the payment of court costs, restitution or fines. Approved by full House 3/20/17.
- Provides a judge shall (currently may) conduct hearing to determine whether defendant who defaults in paying fines, court costs, or restitution is financially able to pay.
- Provides judge shall (currently may) provide for installment payment plans or community service if defendant unable to financially pay “without causing manifest hardship.”
- Provides community service is to be credited as $20 per hour against unpaid balance of the fine or costs.
- Defines “manifest hardship” to mean
- The defendant is involuntarily unemployed.
- The defendant’s household income is less than 200% of the Federal poverty level.
- The defendant is receiving any kind of public assistance.
- The defendant presents evidence to the judge during the hearing that would cause a reasonable person to believe paying the full amount of the penalty would cause manifest hardship to the defendant or their dependents.
- Provides maximum monthly payments under installment plans
- $100 for defendant whose household income is less than or equal to 100% of federal poverty level.
- $150 if more than 100% but less than 150% of federal poverty level.
- $200 if more than 150% but less than 200% of federal poverty level.
In House Judiciary Committee.
HB 615 For Vehicle Code violations, provides upon proof defendant is without financial means to pay fine or cost, court may order community service in lieu of payment up to 50% of the original fine or costs. In House Transportation Committee.