People v. Kopp, 19 Cal. 5th 1 (Cal. 2025)

The California Supreme Court held that the imposition of punitive fines and ancillary costs ordered as part of a criminal sentencing raises equal protection issues that require courts to consider ability to pay before imposing fines and costs.

The Court stated in relevant part: “In sum, in light of the Legislature’s provision of fee waivers to indigent civil litigants, equal protection principles require a court, upon request, to consider a defendant’s inability to pay before imposing a court operations assessment under Penal Code section 1465.8, subdivision (a)(1) or a court facilities assessment under Government Code section 70373, subdivision (a)(1). The court should allow the parties to present and contest any relevant evidence or argument on this question.”