BILL ANALYSIS Ó AB 249 Page 1 Date of Hearing: April 15, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 249 (Obernolte) - As AmendedApril 13, 2015 ----------------------------------------------------------------- |Policy | Public Safety |Vote:| 6 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill requires a defendant to make a motion in the trial court before filing an appellate brief alleging only errors in the imposition or calculation of fines, fees, and assessments. Specifically, this bill: AB 249 Page 2 1)Prohibits an appeal by a defendant on the ground of an error either in the imposition or calculation of fines and fees, unless the defendant first presents the claim in the trial court at the time of sentencing, or if the error is not discovered until after sentencing, the defendant first makes a motion for correction in the trial court. 2)Provides a motion to correct calculation errors may be made via an informal written letter to the trial court. FISCAL EFFECT: Minor costs to the Trial Courts to review requests for recalculations of fines, fees, and assessments, likely more than offset by savings to the Appellate Courts and Trial Courts by eliminating appeals based on calculation errors. COMMENTS: 1)Background. Current law provides that a defendant cannot appeal from a judgment of conviction on the ground of an error in the calculation of presentence custody credits, unless the defendant first presents the claim in the trial court at the time of sentencing, or if the error is not discovered until after sentencing, the defendant first makes a motion for correction of the record in the trial court. 2)Purpose. This bill would provide the same appeal exception to final judgment conviction appeals based on errors on fines, fees and assessment calculations. According to the Judicial Council, the sponsor of this bill, "AB 249 will reduce the burdens associated with formal appeals and resentencing proceedings stemming from a common sentencing error. By requiring that this sentencing error first be raised in the AB 249 Page 3 trial court, which has ready access to the court records and other information necessary to review and resolve such issues, this proposal would promote judicial economies and efficiencies by avoiding the costs and burdens associated with a formal appeal." 1) Analysis Prepared by:Pedro R. Reyes / APPR. / (916) 319-2081