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AB 2428

Criminal fees.

2025-2026 Regular Session Introduced by Celeste Rodriguez and 2 co-sponsors

AB 2428 largely eliminates or suspends most court-imposed criminal costs for many defendants, making unpaid balances unenforceable and vacating costs starting in 2027 to reduce pov

Referred to Com. on PUB. S.
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Bill Summary · AB 2428

Summary of AB 2428 (2025-2026) – Criminal Fees

Main purpose and intent

AB 2428 aims to reform the assessment and collection of criminal justice-related fees in California. The bill’s core objective is to reduce or eliminate many court-imposed costs on low-income individuals, address racial and poverty-related disparities in fee assessment, and relieve individuals of ongoing financial obligations tied to criminal proceedings. It also updates rules on payment methods (e.g., checks) and creates a framework for amnesty and community service options, with a phased-in enforcement change beginning January 1, 2027.

Key provisions and changes

  • General reform of criminal fees (scope and sunset):

    • Repeals or limits many existing fees tied to arrests, prosecutions, or convictions.
    • Unpaid balances of most court-imposed costs would become unenforceable and uncollectible.
    • Any portion of a judgment imposing those costs would be vacated.
    • Individuals sentenced to state prison or confined in county jail would not be required to pay trial court filing fees or costs related to their underlying conviction.
    • Beginning January 1, 2027, several categories of court-imposed costs flagged in various sections would be unenforceable and vacated.

  • Payment methods (revisions to acceptance of checks):

    • Government entities may continue to accept personal checks, in addition to other forms of payment, for court-ordered debt relating to criminal proceedings.
    • Public entities may not charge a fee for returned checks or insufficient funds related to such debts.
    • In some sections, the administration and processing of returned-check charges are restricted, with phase-in of unenforceability by 2027.

  • Waivers and waivers-related costs (68635):

    • Creates a new provision waiving trial court fees for individuals sentenced to state prison or county jail, with unpaid balances becoming unenforceable and vacated starting January 1, 2027.

  • Community service in lieu of fines (and related fees):

    • Strengthens provisions that allow community service as an alternative to paying fines or fines plus fees, with a prohibition on charging fees for participating in community service (beginning 2027).
    • Adds a new section (1210.2) prohibiting administrative fees for participating in community service for criminal punishment or hardship alternatives.

  • Health and Safety/Other penal code changes:

    • Updates several penalties, including requirements for disposing of hazardous substances linked to drug manufacturing, and adjusts penalties and cost-recovery structures for related actions.
    • Adds amnesty provisions for unpaid traffic fines and bail in Vehicle Code 42008.8, including a one-time county-based amnesty program with specified discounts and reporting requirements; 2027 phase-out of amnesty administrative fees.

  • Other fiscal and procedural alignments:

    • Amends multiple Government, Penal, Health and Safety, Vehicle, and Welfare and Institutions Code sections to harmonize fee collection, waivers, and debt collection practices with the bill’s reforms.
    • Requires courts to adopt policies on accepting checks and money orders for fees and fines, with protections against charging returned-check fees for court-ordered debt (post-2027 phase).

Who/what would be affected

  • Individuals who are defendants, arrestees, or convicted in California courts, especially those who are indigent or have low incomes.
  • Courts, county sheriffs, district attorneys, and other public agencies responsible for fee collection and debt recovery.
  • Traffic schools and agencies administering fines, traffic-related amnesty programs, and amnesty reporting mechanisms.
  • Agencies handling medical costs for prisoners and related civil allocations (Health and Safety/Medical cost recovery, Medi-Cal pathways).

Procedural and timeline aspects

  • Primary changes become effective over time, with a notable phase-in starting January 1, 2027:
    • Unenforceability and vacatur of unpaid balances and certain costs.
    • Prohibition on certain fees for return checks and for participation in community service or amnesty programs.
  • The bill includes amnesty provisions for older traffic fines and bail, with reporting and distribution requirements to the Judicial Council, DMV, and county funds.
  • Requires updated court policies on checks/money orders and outlines enforcement consequences for nonpayment under amended provisions.

Policy framing

The bill includes findings highlighting indigence and racial disparities in the criminal-legal system and positions fee reform as a means to reduce poverty traps and promote equitable access to justice.

Compiled from official sources — confirm details with the bill’s official record.

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