A measure co-authored by Rep. Holly Mitchell (D-Culver City) and Nathan Fletcher (R-San Diego) to protect homeless young people from being ticketed and harassed for loitering passed the Assembly unanimously on Tuesday. The bill has bipartisan support.
A national survey recently estimated that about 200,000 youths under age 18, and thousands of 18-24 year olds, are homeless in California at some point over the course of a year.
Homeless youth are among the most vulnerable members of a community. When cited for offenses such as loitering, they are essentially penalized for having no place to go. Unable to pay the fine and likely to miss their day in court, they receive additional fines and penalties, and risk jail time if caught by law enforcement.
According to Mitchells’ office, “Assembly Bill 1111 aims to interrupt the cycle of poverty that occurs when already down-and-out youths are cited for loitering, truancy or curfew violation, thereby ratcheting up debt they cannot afford to pay down.”
Eventually, courts institute wage-garnishment collections for citations related to homelessness, just as they do for parking and other violations – a record that follows the perpetrator indefinitely.
“When homeless youths find work we should be handing them a pat on the back, not a warrant to appear in court with an open wallet,” said Mitchell. “What message are we sending when we penalize young adults trying in earnest to get back on their feet?”
AB 1111 provides that wage garnishment for certain homelessness-related citations be temporarily delayed for people under age 25, and that they be consistent with current legal definitions of homelessness. Garnishing the wages of homeless youth, damaging their credit history and erecting other barriers to their financial stability and independence only makes it harder for those trying to succeed.
“It makes no sense to penalize these kids for circumstances beyond their control,” said Ed Howard, chief counsel for the bill’s sponsor, The Children’s Advocacy Institute. “Additionally, the likelihood of successful collection from this segment of the homeless is very low, so it’s difficult to justify the expense of collection.”
“As we cut services to this vulnerable population due to budget constraints, we should offer what relief there is in our power to provide” said Mitchell. “AB 1111 says that California doesn’t kick people when they’re down. It’s the right thing to do.”
The Assembly passed AB 1111 by a 73-0 vote. The measure will now be considered by the state Senate.