tag:blogger.com,1999:blog-8597101.post4770773323368338415..comments2024-03-15T05:45:01.402-05:00Comments on Grits for Breakfast: Moody proposes civil penalty, $100 fine for less than 1 oz of potGritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-8597101.post-48642828939925891302014-12-18T06:25:24.345-06:002014-12-18T06:25:24.345-06:00I don't know the specific answer to all the en...I don't know the specific answer to all the enforcement questions, as I mentioned in my earlier post on this bill. When I suss it out I'll post something on it.<br /><br />I suspect 8:46 is right, though, that it's not dissimilar to other civil offenses like parking and red-light camera violations. Rep. Moody did mention to me specifically at the press conference that they'd looked at those models when drafting the bill.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1306875491991049712014-12-17T20:46:15.899-06:002014-12-17T20:46:15.899-06:00To 6:09,
It is interesting that the bill text say...To 6:09,<br /><br />It is interesting that the bill text says that an offender must appear before a court, but advocates for the bill appear to be claiming that an offender could pay the civil penalty through the mail. <br /><br />Perhaps the language in parking meter statutes is similar and the overall effect results in most people simply paying their fines through the mail with the DA or CA's permission.<br /><br />As for what happens if someone can't or won't pay the penalty, I believe the same thing that happens if someone can't or won't pay a parking meter ticket or won't pay a red light camera ticket would apply. Most people are going to pay, some won't, but the overall bill will work just as other civil penalty laws work. <br /><br />Moreover, the sky won't fall if this passes. This isn't some sort of experiment. There have been civil penalty laws relating to personal amounts of marijuana in some states for decades and these states did not experience an increase in use nor have they experienced any measurable increase in social ills.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-19155957037593337452014-12-17T19:29:51.280-06:002014-12-17T19:29:51.280-06:00The bill is no different than a parking ticket giv...The bill is no different than a parking ticket given at a parking meter. Parking meter tickets are a civil penalty which results in fines usually $25-$60. These citations are processed in municipal courts and JP courts all the time. <br /><br />Red light camera tickets are another form of civil penalties. Civil penalties are used all the time and should not be an issued when filed in municipal and JP courts. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-2718701589706726052014-12-17T18:09:17.335-06:002014-12-17T18:09:17.335-06:00The bill requires the district or county attorney ...The bill requires the district or county attorney of the county in which the marijuana was possessed to "bring an action" in "the justice court of the county" to collect the civil penalty; however, the bill also requires the peace officer to issue the person a citation that gives "notice of the time and place the person must appear before a justice court". How do these two provisions work together? Also, don't most or all counties have more than one JP.<br /><br />The bill says the amount of the civil penalty imposed by the JP can't exceed $100. Can Grits or anyone else tell us how much, if any, are the court costs associated with suing someone in JP court?<br /><br />The bill does not say. Can Grits or anyone else tell us:<br /><br />(1) what happens if the person doesn't respond to the suit brought against them by the county or district attorney, or doesn't show up in court?<br /><br />(2) is the person entitled to a jury trial in the civil action?<br /><br />(3) what happens if the person can't or won't pay the civil penalty?<br />Anonymousnoreply@blogger.com