BILL ANALYSIS
AB 1847
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1847 (Furutani)
As Amended August 11, 2010
Majority vote
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|ASSEMBLY: |74-1 |(May 13, 2010) |SENATE: |32-0 |(August 23, |
| | | | | |2010) |
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Original Committee Reference: PUB. S.
SUMMARY : Authorizes a court to grant a prosecutor the authority
to utilize lien procedures against a defendant.
The Senate amendments :
1)Provide prosecutors immunity from liability for any injury or
omission in exercising authority authorized herein.
2)Specify that prosecutorial agencies may not seek reimbursement
from the defendant for taking actions under this section.
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
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.
AB 1847
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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 good procedures for imposition of an income
deduction order against a defendant.
5)Defines "good cause" for failure to meet an obligation or
"good cause".
AS PASSED BY THE ASSEMBLY , this bill authorized a court to grant
a prosecutor the authority to utilize lien procedures against a
defendant. Specifically, this bill :
1)Stated 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)Authorized 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.
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.
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"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.
"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: 0005904