File #: 18-013    Version: 1
Type: Rules Proposal Status: Passed
File created: 11/29/2017 In control: Judicial Council
On agenda: 1/12/2018 Final action: 1/12/2018
Title: Traffic and Criminal Procedure: Ability to Pay in Traffic and Other Infraction Cases (Action Required)
Attachments: 1. 20180112-18-013

Title

Title

Traffic and Criminal Procedure: Ability to Pay in Traffic and Other Infraction Cases (Action Required)

 

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Summary

Summary

The Traffic Advisory Committee, the Criminal Law Advisory Committee, and the Advisory Committee on Providing Access and Fairness propose two optional, plain-language Judicial Council forms-an application form and a judicial order form-to assist in implementing existing rule 4.335 of the California Rules of Court on ability-to-pay determinations in traffic and other infraction cases. They also recommend a new rule stating the forms’ intended use, their optional nature, and the confidential status of the application form.

 

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Recommendation

Recommendation

The Traffic Advisory Committee, Criminal Law Advisory Committee, and Advisory Committee

on Providing Access and Fairness recommend that the Judicial Council, effective April 1, 2018:

1.                     Adopt new rule 4.336; and

2.                     Approve new optional forms TR-320/CR-320 (Can’t Afford to Pay Fine: Traffic and Other Infractions) and TR-321/CR-321 (Can’t Afford to Pay Fine: Traffic and Other Infractions (Court Order)).