Error and/or relief
The restitution fines imposed more than 10 years prior to the resentencing hearing under section 1172.75 must be vacated.
Holding:
Effective January 1, 2025, section 1465.9 was amended to add subdivision (d), which provides that, upon the expiration of 10 years after the date of imposition of a restitution fine pursuant to section 1202.4, the balance, including any collection fees, shall be unenforceable and uncollectible and any portion of a judgment imposing those fines shall be vacated.
Authority:
PEN 1465.9