SB162 By Senator Sanders RFD Judiciary Rd 1 09-FEB-17

SYNOPSIS: Under existing law, an individual's driver's license my be suspended for failure to pay traffic fines, fees, or costs associated with the traffic violation and conviction.

This bill would require courts to allow a defendant convicted of a traffic violation and who is unable pay a fine, fee, penalty, or court cost within 30 days of sentencing to make payments through a reasonable deferred payment or installment agreement, or to perform community service as a means of satisfying the debt.

This bill would also prohibit the suspension or revocation of an individual's driver's license based solely on the grounds of a failure to appear in connection with a traffic violation or for inability to pay traffic fines, fees, or costs; and would require reinstatement of licenses that have previously been suspended for these reasons.

A BILL TO BE ENTITLED AN ACT

Relating to traffic fines and fees; to require courts to allow a defendant convicted of a traffic violation and who is unable to pay the fine, fee, penalty, or court cost associated with the traffic violation conviction within 30 days of sentencing, to make payments of a reduced amounts through a deferred payment or installment agreement, or to perform community service as a means of satisfying the debt; to prohibit the suspension or revocation of the driver's license of a defendant solely on the grounds of a failure to appear in connection with a traffic violation or for inability to pay a traffic fine, fee, penalty, or court cost; and to require the reinstatement of any license that has been previously suspended for these reasons.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) When a defendant convicted of a traffic violation is sentenced and required to pay a fine, fee, penalty, or court cost associated with that conviction, and the defendant is unable to pay that fine, fee, penalty, or court cost, a court shall allow the defendant to pay the fine, fee, penalty, or court cost through reasonable deferred payments or installments, or perform community service as a means of payment. The court may authorize the clerk to establish and approve the conditions of all deferred payment or installment agreements and community service agreements pursuant to guidelines established by the court.

(b) As a condition of the deferred, installment, or performance of community service agreement, a defendant who enters into an agreement with the court for that reason, shall promptly inform the court of any change of mailing address during the term of the agreement. A court may assess a one time fee not to exceed ten dollars ($10) to cover the costs of management of the defendant's fine, fee, penalty, or court cost associated with the traffic violation conviction is paid in full.

Section 2. (a) A defendant's driver's license shall not be suspended or revoked based solely on the grounds of a failure to appear in connection with the violation or for inability to pay traffic fines, fees, penalties, or court costs associated with the conviction.

(b) In cases in which a defendant's driver's license was suspended for failing to appear or because of an inability to pay a fine, fee, penalty, or court cost associated with a conviction for a traffic violation, the defendant's driver's license shall be reinstated immediately and a letter shall be sent to the defendant notifying him or her of the reinstatement.

Section 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Drivers' Licenses

Court Costs

Traffic Violations

Fines

Fees

Motor Vehicles