Section 1463.012 Of Chapter 1. Proceedings In Misdemeanor And Infraction Cases From California Penal Code >> Title 11. >> Part 2. >> Chapter 1.
1463.012
. (a) Notwithstanding any other law, if a court, during the
course of its routine process to collect fees, fines, forfeitures,
or other penalties imposed by a court due to a citation issued for
the violation of a state or local law, obtains information indicating
that a person who has been issued a citation for loitering, curfew
violations, or illegal lodging that is outstanding or unpaid served
in the military within the last eight years and is homeless or has no
permanent address, the court shall not garnish the wages or levy
against bank accounts of that person for five years from the date
that the court obtained that information.
(b) For purposes of this section, a person is considered to be
"homeless" or as having "no permanent address" if that person does
not have a fixed, regular, adequate nighttime residence, or has a
primary nighttime residence that is one of the following:
(1) A supervised publicly or privately operated shelter designed
to provide temporary living accommodations, including, but not
limited to, welfare hotels, congregate shelters, and transitional
housing for the mentally ill.
(2) An institution that provides a temporary residence for
individuals intended to be institutionalized.
(3) A public or private place not designed for, or ordinarily used
as, a regular sleeping accommodation for human beings.
(c) Nothing in this section shall be construed to prevent a court
from engaging in any other lawful debt collection activities.
(d) Nothing in this section shall be construed to require a court
to perform any further investigation or financial screening into any
matter beyond the scope of its regular duties.
(e) Nothing in this section shall be construed to prevent the
Judicial Council from altering any best practices or recommendations
for collection programs pursuant to Section 1463.010.
(f) Nothing in this section shall be construed to prevent a court
from garnishing a person's wages or levying against a person's bank
accounts if the court, subsequent to its initial determination that
the person was a homeless veteran exempt from wage garnishment or
levy under this section, obtains evidence that the individual is no
longer homeless, or that the court had, on a previous occasion,
suspended garnishment of that person's wages or levying against that
person's bank accounts pursuant to subdivision (a).