FT 11-03: Stop Punishing Poor Drivers Act (Passed)

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This bill is not related to tolls, but the ongoing debate over tolls inspired me to introduce this bill, which is based on a proposed Louisiana House bill, given the fact that tolls hurt poor drivers the most.

The poor, indeed, bear the brunt of the penalties prescribed by our laws.  While I do not seek to create a system where being poor might be used as "an excuse" for ignoring safe driving laws (a concern which has been raised to me), merely suspending a driver's license without allowing some form of leniency prevents a poor defendant from being able to present at court, let alone community service.

Under this law, jail would be the most likely consequence for those who do not fulfill any payment obligations, or especially, community service.  When presented with the option of community service or jail, the duty of providing remedy falls more on the defendant, who retains his or her right to drive in order to meet their legal obligations.

I will note that this bill does not prohibit license restrictions; merely suspensions.

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I invite Members of Parliament to decide on a standard or guideline for what is considered "financially unable," but I hope we may reach a general consensus in favor of this bill.

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Can we just end license suspensions for non-driving/vehicle related offenses and avoid the ability to pay issue?

I would not be opposed to this, but payment plans must still be allowed for those who simply cannot pay the fines, especially those who must choose between paying the fine and paying for food or the rent.

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Amendment:

AN ACT
To prohibit the suspension of a driver's license of a defendant who is financially unable to pay a criminal fine for crimes unrelated to traffic violations and to allow payment plans for those who are financially unable to pay a criminal fine

Section 1: Title

This legislation may be cited as the Stop Punishing Poor Drivers Act.

Section 2: Suspension of driving privileges; failure to pay criminal fines payment plans

If a person against whom a fine is levied is financially unable to pay the fine, the judge of the court shall not order that this person's driver's license be surrendered for failure to pay such a fine, but may order community service or a reasonable payment plan.

1. License suspensions may not be prescribed as penalty towards defendants guilty of crimes unrelated to traffic violations.

2. If a person against whom a fine is levied is financially unable to pay the fine, the judge of the court may allow a payment plan based on the defendant's income.

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Aye.

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Aye

I have to ask though - is it intentional that the title of this legislation makes it sound like we will no longer punish people who drive badly?

No, although it made for a better title when the original bill would have ended license suspensions for people unable to pay fines.  Although poor people (especially minorities, who are disproportionately low-income) are still more likely than the general public to have negative confrontations with police officers and face criminal prosecution.

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YE has privately requested that I assume Speakership duties for the time-being, so I will be closing this vote.

With five votes in favor, the ayes have it and this bill is passed.

AN ACT
To prohibit the suspension of a driver's license of a defendant for crimes unrelated to traffic violations and to allow payment plans for those who are financially unable to pay a criminal fine

Section 1: Title

This legislation may be cited as the Stop Punishing Poor Drivers Act.

Section 2: Suspension of driving privileges; payment plans

1. License suspensions may not be prescribed as penalty towards defendants guilty of crimes unrelated to traffic violations.

2. If a person against whom a fine is levied is financially unable to pay the fine, the judge of the court may allow a payment plan based on the defendant's income.