Ted Lieu
- Democratic
Author
(1) Under existing law, in every case where a person is convicted of a crime and whose sentence includes parole, the court is required to assess a parole revocation fine, as specified, for deposit into the Restitution Fund in the State Treasury. This bill would require the court to assess an additional postrelease community supervision revocation restitution fine or mandatory supervision revocation restitution fine in every case where a person is convicted of a crime and is subject to postrelease community supervision or mandatory supervision, for deposit into the Restitution Fund in the State Treasury, a continuously appropriated fund. Because the bill creates a new source of revenue for deposit into the Restitution Fund, the bill would make an appropriation. (2) Existing law generally provides that in any case in which a defendant is ordered to pay restitution, the order to pay restitution shall be deemed a money judgment that is fully enforceable by the victim as if the restitution order were a civil judgment, and any portion of the restitution order that remains unsatisfied after a defendant is no longer on probation or parole is enforceable by the victim, as specified. This bill would also specify that any portion of a restitution order that remains unsatisfied after a defendant is no longer on postrelease community supervision or mandatory supervision is enforceable by the victim pursuant to those provisions. (3) Existing law requires the Department of Corrections and Rehabilitation to deduct and retain certain funds from the wages, trust account deposits, or settlement or trial awards of a prisoner for the payment of certain fees and fines, including restitution orders, restitution fines, and specified administrative fees, and also authorizes the department to collect funds from a parolee for the payment of restitution orders and fines, unless prohibited by federal law. Under existing law, these funds are required to be deposited in the Restitution Fund in the State Treasury. This bill would specify that, when a prisoner is punished by imprisonment in a county jail for a felony, an agency designated by the county board of supervisors is authorized to deduct and retain those funds, and would also authorize that agency to collect funds from a parolee. The bill would require these agencies to transfer these funds for deposit in the Restitution Fund, or would permit direct payment to the victim. If the board of supervisors designates the county sheriff as the collecting agency, the bill would require the board of supervisors to first obtain the concurrence of the county sheriff. (4) Existing law authorizes delinquent fines, state or local penalties, forfeitures, restitution fines and orders, and any other amounts imposed by a superior court upon a person or entity for criminal offenses, that total at least $100 in the aggregate, to be referred by the superior court, the county, or the state to the Franchise Tax Board for collection. This bill would also authorize the referral of delinquent fines, state and local penalties, forfeitures, restitution fines and orders, and other amounts imposed by a juvenile court to the board for collection.
Approved by the Governor.
Chaptered by Secretary of State. Chapter 762, Statutes of 2012.
Enrolled and presented to the Governor at 4 p.m.
Assembly amendments concurred in. (Ayes 37. Noes 0. Page 4768.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Read third time. Passed. (Ayes 79. Noes 0. Page 6130.) Ordered to the Senate.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 17. Noes 0.) (August 16).
Hearing postponed by committee.
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 6. Noes 0.) (June 26). Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
Read third time. Passed. (Ayes 38. Noes 0. Page 3745.) Ordered to the Assembly.
In Assembly. Read first time. Held at Desk.
Read second time and amended. Ordered to third reading.
From committee: Do pass as amended. (Ayes 7. Noes 0. Page 3593.) (May 24).
Set for hearing May 24.
Placed on APPR. suspense file.
Set for hearing May 14.
Set, first hearing. Hearing canceled at the request of author.
Set for hearing May 7.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 3209.) (April 17).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
Set for hearing April 17.
From printer. May be acted upon on or after March 24.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1210 | HTML |
| 02/22/12 - Introduced | |
| 04/11/12 - Amended Senate | |
| 04/25/12 - Amended Senate | |
| 05/30/12 - Amended Senate | |
| 06/20/12 - Amended Assembly | |
| 08/20/12 - Amended Assembly | |
| 08/27/12 - Enrolled | |
| 09/29/12 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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