Angelique Ashby
- Democratic
- Senator
- District 8
Author
The California Constitution entitles the victim of a crime to restitution. Existing law requires the court in each criminal case to order a convicted defendant to pay full restitution to the victim and a separate restitution fine, as specified. Existing law requires the order of restitution to include interest at the annual rate of 10%. Under existing law, certain delinquent payments, including payments for fines, fees, and restitution, may be referred to the Franchise Tax Board for collection. Existing law imposes interest on these delinquent payments. This bill would change the annual interest rate on restitution orders to the adjusted annual rate, as specified, and not to exceed 10%. The bill would cap the annual interest rate charged by the Franchise Tax Board on certain delinquent payments, including fines, fees, and restitution, to no more than 1%. The bill would additionally require the Franchise Tax Board, when issuing a withholding order for the purpose of fulfilling a restitution order, to use a sliding scale model that considers income and ability to pay to determine the amount to be withheld. The bill would also require an entity collecting money for restitution orders and fines to first use the money to fulfill any restitution order before using it to fulfill any restitution fine or any administrative costs of the agency.
May 16 hearing: Held in committee and under submission.
Set for hearing May 16.
May 13 hearing: Placed on APPR suspense file.
Set for hearing May 13.
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 6. Noes 0. Page 3759.) (April 24).
Set for hearing April 24.
From committee: Do pass and re-refer to Com. on REV. & TAX. (Ayes 4. Noes 1. Page 3449.) (April 2). Re-referred to Com. on REV. & TAX.
Set for hearing April 2.
Referred to Coms. on PUB S. and REV. & TAX.
From printer. May be acted upon on or after March 8.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1035 | HTML |
| 02/06/24 - Introduced | |
| 04/25/24 - Amended Senate |
| Document | Format |
|---|---|
| 03/28/24- Senate Public Safety | |
| 04/19/24- Senate Revenue and Taxation | |
| 05/10/24- Senate Appropriations |
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