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