California, United States of America
The following excerpt is from People v. Campos, G056165 (Cal. App. 2019):
On its face, section 290.3 makes clear the fines set forth therein are not required. In fact, if the court finds the defendant lacks the ability to pay the fines, it may not impose them. (People v. Walz (2008) 160 Cal.App.4th 1364, 1370 [statute requires trial court to refrain from imposing fines if it determines the defendant does not have the means to pay them].) Therefore, the fines are not mandatory in every case. However, as appellant admits, the defendant has the burden of proving he cannot afford to pay them. (People v. McMahan (1992) 3 Cal.App.4th 740, 749-750.) Since appellant offered no evidence in that regard, the fines were required here, and therefore they were encompassed in the trial court's order respecting all "mandatory" financial penalties.
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