BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1847
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 1847 (Furutani)
          As Amended  May 11, 2010
          Majority vote 

           JUDICIARY           10-0        PUBLIC SAFETY       7-0         
           
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          |Ayes:|Feuer, Tran, Brownley,    |Ayes:|Ammiano, Hagman, Beall,   |
          |     |Hill, Hagman, Huffman,    |     |Gilmore, Hill,            |
          |     |Knight, Skinner, Monning, |     |Portantino, Skinner       |
          |     |Nava                      |     |                          |
          |     |                          |     |                          |
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           SUMMARY  :  Authorizes a court to grant a prosecutor the authority  
          to utilize lien procedures against a defendant.  Specifically,  
           this bill  :  

          1)States a court may, upon the request of the prosecuting  
            attorney, order that the prosecuting attorney be given  
            authority to use lien procedures applicable to the defendant,  
            including, but not limited to, a writ of attachment of  
            property.  The process of applying a lien is limited by  
            notification and a hearing process.  

          2)Authorizes a prosecuting attorney or a county probation  
            office, if there is no agency in the county responsible for  
            the collection of restitution, to carry out the functions and  
            duties of such an agency specified for collection of  
            restitution.

           EXISTING LAW  :


          1)States that when the agency responsible for the collection of  
            restitution receives information that the defendant has failed  
            to meet his or her obligation under the restitution order, the  
            agency shall request that the defendant provide evidence  
            indicating that timely payments have been made or provide  
            information establishing good cause for the failure.  If the  
            defendant fails to either provide the agency with the evidence  
            or fails to establish good case within five days of the  
            request, the agency shall immediately inform the defendant of  
            that fact, and inform the clerk of the court in order that an  








                                                                  AB 1847
                                                                  Page  2


            income deduction order will be served following a 15-day  
            appeal period.  The defendant may apply for a hearing to  
            contest the lifting of the stay.  


          2)Specifies that income deduction orders shall direct a payer to  
            deduct from all income due and payable to the defendant the  
            amount required by the court to meet the defendant's  
            obligation.   


          3)Specifies that the income deduction order shall be effective  
            so long as the order for restitution upon which it is based is  
            effective or until further order of the court.  


          4)States when the court orders the income deduction, the court  
            shall furnish to the defendant a statement of his or her  
            rights, remedies, and duties in regard to the income deduction  
            order.


            Provides for procedures for imposition of an income deduction  
            order against a defendant.

          5)Defines "good cause" for failure to meet an obligation or  
            "good cause".  

           FISCAL EFFECT  :   None

           COMMENTS  :   "Criminal activity involving a victim can leave the  
          victim emotionally and financially devastated.  Injuries  
          sustained can burden a victim and his or her family with  
          mounting medical bills, especially if the injury prevents the  
          victim from working.  Resulting medical costs often make it  
          difficult for the victim to make necessary payments for both  
          food and shelter.

          "In extreme circumstances, when the victim is killed, the family  
          could be financially unprepared to cover the costs of a funeral.  
           A young child who dies may not have had life insurance; or a  
          mother or father may have been the primary earner, leaving the  
          surviving family to worry about their financial future.









                                                                  AB 1847
                                                                  Page  3


          "Current law allows for the sentencing judge in a criminal case  
          involving injury or economic loss to a victim to order  
          restitution.  Restitution can be ordered to reimburse the victim  
          for losses including but not limited to: stolen or damaged  
          property, medical expenses, mental health counseling, and lost  
          wages or profits due to injury or time spent as a witness or in  
          assisting prosecution.  

          "The ultimate aim of restitution is to make a victim whole  
          again.  AB 1847 helps to ensure that victims are not victimized  
          a second time by a defendant's failure to pay restitution."

          Please see the policy committee for a full discussion of this  
          bill.
           

          Analysis Prepared by  :    Gabriel Caswell / PUB. S. / (916)  
          319-3744 

                                                                FN: 0004158