BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 1666
          Author:   Garcia (D), et al.
          Amended:  8/13/14 in Senate
          Vote:     27


           SENATE ELECTIONS & CONST. AMEND. COMM.  :  4-1, 6/24/14
          AYES:  Padilla, Hancock, Jackson, Pavley
          NOES:  Anderson

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  78-0, 5/15/14 (Consent) - See last page for  
            vote


           SUBJECT  :    Political Reform Act:  campaign funds:  bribery  
          fines

           SOURCE  :     Author


           DIGEST  :    This bill doubles the restitution fines for a member  
          of the Legislature or any member of a local government  
          legislative body who asks for or receives a bribe in exchange  
          for influence over his/her official action, as specified.

           Senate Floor Amendments  of 8/13/14 add double-jointing language  
          with AB 1692 (Garcia) and SB 831 (Hill) to avoid chaptering out  
          issues.

           ANALYSIS  :    

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          Existing law:

          1.Provides that every member of the Legislature, or any member  
            of the legislative body of a city, county, city and county,  
            school district, or other special district, who asks,  
            receives, or agrees to receive, any bribe, upon any  
            understanding that his/her official vote, opinion, judgment,  
            or action shall be influenced thereby, or shall give, in any  
            particular manner, or upon any particular side of any question  
            or matter upon which he or she may be required to act in  
            his/her official capacity, or gives, or offers or promises to  
            give, any official vote in consideration that another member  
            of the Legislature, or another member of the legislative body  
            of a city, county, city and county, school district, or other  
            special district shall give this vote either upon the same or  
            another question, is punishable by imprisonment in the state  
            prison for two, three, or four years and, in cases in which no  
            bribe has been actually received, by a restitution fine of not  
            less than $2,000, or not more than $10,000, or in cases in  
            which a bribe was actually received, by a restitution fine of  
            at least the actual amount of the bribe received or $2,000,  
            whichever is greater, or any larger amount of not more than  
            double the amount of any bribe received or $10,000, whichever  
            is greater.  The court, in imposing a fine under this  
            provision, must consider the defendant's ability to pay the  
            fine.

          2.Prohibits, pursuant to the Political Reform Act, the use of  
            campaign funds for an expenditure that confers a substantial  
            personal benefit on any individual or individuals with  
            authority to approve the expenditure unless the expenditure is  
            directly related to a political, legislative, or governmental  
            purpose.

          This bill:

          1.Doubles the restitution fines for a member of the Legislature  
            or any member of a local government legislative body who asks  
            for or receives a bribe in exchange for influence over his/her  
            official action, as follows:

             A.   In cases where no bribe was actually received, from a  
               minimum of $2,000 to a minimum of $4,000 and from a maximum  
               of $10,000 to a maximum of $20,000.

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             B.   In cases where a bribe was received, from a minimum of  
               the actual amount of the bribe received or $2,000,  
               whichever is greater, and a maximum of up to double the  
               amount of any bribe received or $10,000, or whichever is  
               greater, to a minimum of the amount of the bribe received  
               or $4,000, whichever is greater and a maximum of up to  
               double the amount of any bribe received or $20,000,  
               whichever is greater.

          1.Amends the PRA to prohibit campaign funds from being used to  
            pay the restitution fines provided for above.

          2.Contains double-jointing language with AB 1692 (Garcia) and SB  
            831 (Hill) to avoid chaptering out issues.

           Background
           
           Restitution fines  .  According to the California Victim  
          Compensation and Government Claims Board, restitution fines are  
          required by law in every criminal case in which an adult  
          offender is convicted of a crime, unless a judge finds  
          compelling and extraordinary reasons that the offender should  
          not pay a fine.  Fines for adults convicted of misdemeanors  
          range from $120 to $1,000.  Adults convicted of felonies must  
          pay between $240 to $10,000.

          All restitution fines paid by offenders go to the Restitution  
          Fund which supports the California Victim Compensation Program.   
          The court imposes a restitution order to cover actual crime  
          related expenses incurred by a victim as a result of the crime.

           Related Legislation
           
          AB 1692 (Garcia) limits the use of campaign funds and legal  
          defense funds to pay fines and penalties that are imposed for an  
          improper personal use of campaign funds, as specified.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  8/14/14)

          Secretary of State

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           ARGUMENTS IN SUPPORT  :    According to the author's office, this  
          bill strengthens penalties associated with bribes by increasing  
          the fines imposed and by ensuring those convicted must pay  
          penalties out of personal funds, not out of accounts meant for  
          running for office.

          Current statute prohibits the giving or offering of a bribe to a  
          legislator, as well as the receiving, asking, or agreeing to  
          receive a bribe, including vote trading, by a legislator.   
          Violation of these laws law (Penal Code Section 85-86) is a  
          felony and in cases where a bribe is actually received, the  
          penalty may be comprised of the actual amount received or a fine  
          ranging from $2,000-$10,000, whichever is greater.  Instances  
          where no bribe is received, penalties can range from  
          $2,000-$10,000.

          These fines, established in 2001 by SB 923 (McPherson, Chapter  
          282) have not been updated and there is currently no prohibition  
          on how the convicted must pay the fines.  Essentially, this  
          means that the fines can be paid out of campaign funds, not  
          personal funds.

           ASSEMBLY FLOOR  :  78-0, 5/15/14
          AYES:  Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,  
            Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian  
            Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,  
            Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,  
            Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,  
            Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández,  
            Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,  
            Maienschein, Medina, Melendez, Mullin, Muratsuchi, Nazarian,  
            Nestande, Olsen, Pan, Patterson, Perea, John A. Pérez, V.  
            Manuel Pérez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas,  
            Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron,  
            Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
          NO VOTE RECORDED:  Mansoor, Vacancy


          RM:e  8/14/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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