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Committee adopts amendment requiring participant-paid fees for new DUI program, then approves bill
Summary
The committee approved an amended version of HB 602 after debate over whether program fees should be required of participants; members adopted a sponsor's amendment clarifying that the program's fee would be paid by participants, not the state, then voted to recommend the bill as amended.
The House Criminal Justice and Public Safety Committee adopted an amendment to House Bill 602 that requires program fees be paid by program participants, and then voted 16-0 to recommend passage of the bill as amended.
Representative Murphy moved the amendment (identified in the transcript as Amendment 1096h); the amendment was adopted by roll call (13-3). Debate focused largely on whether mandatory fees would disproportionately burden low-income defendants and whether courts provide accommodations for people who cannot pay. Representative Rhodes asked how the bill addresses people unable to pay; staff and witnesses from the courts explained that there are already court processes for payment plans and that some statutory fines and penalty assessments are mandatory and have limited waiver options.
Representative Scherer (opposing the amendment) argued that treating people with different financial circumstances identically was inequitable and would discriminate against those in economic distress. Supporters, including Representative Murphy, said the amendment aligned the program with the intent that it impose no cost on the state or counties and that the fee be the participant's responsibility.
After the amendment passed (roll 13-3), the committee voted 16-0 on the motion “ought to pass as amended.” Sponsors said the program had shown good results in testimony and would provide another tool for addressing impaired driving. The committee recorded that courts commonly can offer time-to-pay options and that administrative mechanisms exist for assessing fines and fees.
