Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2221

Introduced by Assembly Members Cristina Garcia and Grove

February 18, 2016

An act to amend Section begin delete 186.11 end delete begin insert 836 end insert of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL’S DIGEST

AB 2221, as amended, Cristina Garcia. begin delete Crimes: fraud and embezzlement. end delete begin insert Criminal procedure: arrests. end insert

begin insert

Existing law authorizes a peace officer to arrest a person without a warrant if the officer has probable cause to believe that the person has committed a public offense in the officer’s presence or if the officer has probable cause to believe that the person has committed a felony.

end insert begin insert

This bill would authorize a peace officer to arrest a person without a warrant if the officer has probable cause to believe that the person has committed the misdemeanor offense of soliciting a minor for prostitution.

end insert begin delete

Existing law provides for enhanced penalties in the case of a person who commits 2 or more related felonies, a material element of which is fraud or embezzlement, which involve a pattern of related felony conduct, and the pattern of related felony conduct involves the taking or loss of more than $100,000.

end delete begin delete

This bill would make technical, nonsubstantive changes to that provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 836 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

836.  

(a) A peace officer may arrest a person in obedience to
a begin delete warrant, end delete begin insert warrant end insert or, pursuant to the authority granted to him or
her by Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, without a begin delete warrant, end delete begin insert warrant end insert may arrest a person whenever
any of the following circumstances occur:

(1) The officer has probable cause to believe that the person to
be arrested has committed a public offense in the officer’s presence.

(2) The person arrested has committed a felony, although not
in the officer’s presence.

(3) The officer has probable cause to believe that the person to
be arrested has committed a felony, whether or not a felony, in
fact, has been committed.

(b) Any time a peace officer is called out on a domestic violence
call, it shall be mandatory that the officer make a good faith effort
to inform the victim of his or her right to make a citizen’s arrest,
unless the peace officer makes an arrest for a violation of paragraph
(1) of subdivision (e) of Section 243 or 273.5. This information
shall include advising the victim how to safely execute the arrest.

(c) (1) When a peace officer is responding to a call alleging a
violation of a domestic violence protective or restraining order
issued under Section 527.6 of the Code of Civil Procedure, the
Family Code, Section 136.2, 646.91, or paragraph (2) of
subdivision (a) of Section 1203.097 of this code, Section 213.5 or
15657.03 of the Welfare and Institutions Code, or of a domestic
violence protective or restraining order issued by the court of
another state, tribe, or territory and the peace officer has probable
cause to believe that the person against whom the order is issued
has notice of the order and has committed an act in violation of
the order, the officer shall, consistent with subdivision (b) of
Section 13701, make a lawful arrest of the person without a warrant
and take that person into custody whether or not the violation
occurred in the presence of the arresting officer. The officer shall,
as soon as possible after the arrest, confirm with the appropriate
authorities or the Domestic Violence Protection Order Registry
maintained pursuant to Section 6380 of the Family Code that a
true copy of the protective order has been registered, unless the
victim provides the officer with a copy of the protective order.

(2) The person against whom a protective order has been issued
shall be deemed to have notice of the order if the victim presents
to the officer proof of service of the order, the officer confirms
with the appropriate authorities that a true copy of the proof of
service is on file, or the person against whom the protective order
was issued was present at the protective order hearing or was
informed by a peace officer of the contents of the protective order.

(3) In situations where mutual protective orders have been issued
under Division 10 (commencing with Section 6200) of the Family
Code, liability for arrest under this subdivision applies only to
those persons who are reasonably believed to have been the
dominant aggressor. In those situations, prior to making an arrest
under this subdivision, the peace officer shall make reasonable
efforts to identify, and may arrest, the dominant aggressor involved
in the incident. The dominant aggressor is the person determined
to be the most significant, rather than the first, aggressor. In
identifying the dominant aggressor, an officer shall consider (A)
the intent of the law to protect victims of domestic violence from
continuing abuse, (B) the threats creating fear of physical injury,
(C) the history of domestic violence between the persons involved,
and (D) whether either person involved acted in self-defense.

(d) Notwithstanding paragraph (1) of subdivision (a), if a suspect
commits an assault or battery upon a current or former spouse,
fiancé, fiancée, a current or former cohabitant as defined in Section
6209 of the Family Code, a person with whom the suspect currently
is having or has previously had an engagement or dating
relationship, as defined in paragraph (10) of subdivision (f) of
Section 243, a person with whom the suspect has parented a child,
or is presumed to have parented a child pursuant to the Uniform
Parentage Act (Part 3 (commencing with Section 7600) of Division
12 of the Family Code), a child of the suspect, a child whose
parentage by the suspect is the subject of an action under the
Uniform Parentage Act, a child of a person in one of the above
categories, any other person related to the suspect by consanguinity
or affinity within the second degree, or any person who is 65 years
of age or older and who is related to the suspect by blood or legal
guardianship, a peace officer may arrest the suspect without a
warrant begin delete where end delete begin insert when end insert both of the following circumstances apply:

(1) The peace officer has probable cause to believe that the
person to be arrested has committed the assault or battery, whether
or not it has in fact been committed.

(2) The peace officer makes the arrest as soon as probable cause
arises to believe that the person to be arrested has committed the
assault or battery, whether or not it has in fact been committed.

(e) In addition to the authority to make an arrest without a
warrant pursuant to paragraphs (1) and (3) of subdivision (a), a
peace officer may, without a warrant, arrest a person for a violation
of Section 25400 when all of the following apply:

(1) The officer has reasonable cause to believe that the person
to be arrested has committed the violation of Section 25400.

(2) The violation of Section 25400 occurred within an airport,
as defined in Section 21013 of the Public Utilities Code, in an area
to which access is controlled by the inspection of persons and
property.

(3) The peace officer makes the arrest as soon as reasonable
cause arises to believe that the person to be arrested has committed
the violation of Section 25400.

begin insert

(f) In addition to the authority to make an arrest without a
warrant pursuant to subdivision (a), a peace officer may, without
a warrant, arrest a person if the officer has probable cause to
believe that the person to be arrested has violated subdivision (m)
of Section 647, although not in the presence of the officer.

end insert

begin delete

SECTION 1.  

Section 186.11 of the Penal Code is amended to
read:

186.11.  

(a) (1) Any person who commits two or more related
felonies, a material element of which is fraud or embezzlement,
which involve a pattern of related felony conduct, and the pattern
of related felony conduct involves the taking of, or results in the
loss by another person or entity of, more than one hundred thousand
dollars ($100,000), shall be punished, upon conviction of two or
more felonies in a single criminal proceeding, in addition and
consecutive to the punishment prescribed for the felony offenses
of which he or she has been convicted, by an additional term of
imprisonment in the state prison as specified in paragraph (2) or
(3). This enhancement shall be known as the aggravated white
collar crime enhancement. The aggravated white collar crime
enhancement shall only be imposed once in a single criminal
proceeding. For purposes of this section, “pattern of related felony
conduct” means engaging in at least two felonies that have the
same or similar purpose, result, principals, victims, or methods of
commission, or are otherwise interrelated by distinguishing
characteristics, and that are not isolated events. For purposes of
this section, “two or more related felonies” means felonies
committed against two or more separate victims, or against the
same victim on two or more separate occasions.

(2) If the pattern of related felony conduct involves the taking
of, or results in the loss by another person or entity of, more than
five hundred thousand dollars ($500,000), the additional term of
punishment shall be two, three, or five years in the state prison.

(3) If the pattern of related felony conduct involves the taking
of, or results in the loss by another person or entity of, more than
one hundred thousand dollars ($100,000), but not more than five
hundred thousand dollars ($500,000), the additional term of
punishment shall be the term specified in paragraph (1) or (2) of
subdivision (a) of Section 12022.6.

(b) (1) The additional prison term and penalties provided for
in subdivisions (a), (c), and (d) shall not be imposed unless the
facts set forth in subdivision (a) are charged in the accusatory
pleading and admitted or found to be true by the trier of fact.

(2) The additional prison term provided in paragraph (2) of
subdivision (a) shall be in addition to any other punishment
provided under law, including Section 12022.6, and shall not be
limited by any other provision of law.

(c) Any person convicted of two or more felonies, as specified
in subdivision (a), shall also be liable for a fine not to exceed five
hundred thousand dollars ($500,000) or double the value of the
taking, whichever is greater, if the existence of facts that would
make the person subject to the aggravated white collar crime
enhancement have been admitted or found to be true by the trier
of fact. However, if the pattern of related felony conduct involves
the taking of more than one hundred thousand dollars ($100,000),
but not more than five hundred thousand dollars ($500,000), the
fine shall not exceed one hundred thousand dollars ($100,000) or
double the value of the taking, whichever is greater.

(d) (1) If a person is alleged to have committed two or more
felonies, as specified in subdivision (a), and the aggravated white
collar crime enhancement is also charged, or a person is charged
in an accusatory pleading with a felony, a material element of
which is fraud or embezzlement, that involves the taking or loss
of more than one hundred thousand dollars ($100,000), and an
allegation as to the existence of those facts, any asset or property
that is in the control of that person, and any asset or property that
has been transferred by that person to a third party, subsequent to
the commission of any criminal act alleged pursuant to subdivision
(a), other than in a bona fide purchase, whether found within or
outside the state, may be preserved by the superior court in order
to pay restitution and fines. Upon conviction of two or more
felonies, as specified in subdivision (a), or a felony, a material
element of which is fraud or embezzlement, that involves the taking
or loss of more than one hundred thousand dollars ($100,000), this
property may be levied upon by the superior court to pay restitution
and fines if the existence of facts that would make the person
subject to the aggravated white collar crime enhancement or that
demonstrate the taking or loss of more than one hundred thousand
dollars ($100,000) in the commission of a felony, a material
element of which is fraud or embezzlement, have been charged in
the accusatory pleading and admitted or found to be true by the
trier of fact.

(2) To prevent dissipation or secreting of assets or property, the
prosecuting agency may, at the same time as or subsequent to the
filing of a complaint or indictment charging two or more felonies,
as specified in subdivision (a), and the enhancement specified in
subdivision (a), or a felony, a material element of which is fraud
or embezzlement, that involves the taking or loss of more than one
hundred thousand dollars ($100,000), and an allegation as to the
existence of those facts, file a petition with the criminal division
of the superior court of the county in which the accusatory pleading
was filed, seeking a temporary restraining order, preliminary
injunction, the appointment of a receiver, or any other protective
relief necessary to preserve the property or assets. This petition
shall commence a proceeding that shall be pendent to the criminal
proceeding and maintained solely to affect the criminal remedies
provided for in this section. The proceeding shall not be subject
to or governed by the provisions of the Civil Discovery Act as set
forth in Title 4 (commencing with Section 2016.010) of Part 4 of
the Code of Civil Procedure. The petition shall allege that the
defendant has been charged with two or more felonies, as specified
in subdivision (a), and is subject to the aggravated white collar
crime enhancement specified in subdivision (a) or that the
defendant has been charged with a felony, a material element of
which is fraud or embezzlement, that involves the taking or loss
of more than one hundred thousand dollars ($100,000), and an
allegation as to the existence of those facts. The petition shall
identify that criminal proceeding and the assets and property to be
affected by an order issued pursuant to this section.

(3) A notice regarding the petition shall be provided, by personal
service or registered mail, to every person who may have an interest
in the property specified in the petition. Additionally, the notice
shall be published for at least three successive weeks in a
newspaper of general circulation in the county where the property
affected by an order issued pursuant to this section is located. The
notice shall state that any interested person may file a verified
claim with the superior court stating the nature and amount of their
claimed interest. The notice shall set forth the time within which
a claim of interest in the protected property is required to be filed.

(4) If the property to be preserved is real property, the
prosecuting agency shall record, at the time of filing the petition,
a lis pendens in each county in which the real property is situated
which specifically identifies the property by legal description, the
name of the owner of record as shown on the latest equalized
assessment roll, and the assessor’s parcel number.

(5) If the property to be preserved are assets under the control
of a banking or financial institution, the prosecuting agency, at the
time of the filing of the petition, may obtain an order from the
court directing the banking or financial institution to immediately
disclose the account numbers and value of the assets of the accused
held by the banking or financial institution. The prosecuting agency
shall file a supplemental petition, specifically identifying which
banking or financial institution accounts shall be subject to a
temporary restraining order, preliminary injunction, or other
protective remedy.

(6) Any person claiming an interest in the protected property
may, at any time within 30 days from the date of the first
publication of the notice of the petition, or within 30 days after
receipt of actual notice, file with the superior court of the county
in which the action is pending a verified claim stating the nature
and amount of his or her interest in the property or assets. A
verified copy of the claim shall be served by the claimant on the
Attorney General or district attorney, as appropriate.

(7) The imposition of fines and restitution pursuant to this
section shall be determined by the superior court in which the
underlying criminal offense is sentenced. Any judge who is
assigned to the criminal division of the superior court in the county
where the petition is filed may issue a temporary restraining order
in conjunction with, or subsequent to, the filing of an allegation
pursuant to this section. Any subsequent hearing on the petition
shall also be heard by a judge assigned to the criminal division of
the superior court in the county in which the petition is filed. At
the time of the filing of an information or indictment in the
underlying criminal case, any subsequent hearing on the petition
shall be heard by the superior court judge assigned to the
underlying criminal case.

(e) Concurrent with, or subsequent to, the filing of the petition,
the prosecuting agency may move the superior court for, and the
superior court may issue, the following pendente lite orders to
preserve the status quo of the property alleged in the petition:

(1) An injunction to restrain any person from transferring,
encumbering, hypothecating, or otherwise disposing of that
property.

(2) Appointment of a receiver to take possession of, care for,
manage, and operate the assets and properties so that the property
may be maintained and preserved. The court may order that a
receiver appointed pursuant to this section shall be compensated
for all reasonable expenditures made or incurred by him or her in
connection with the possession, care, management, and operation
of any property or assets that are subject to the provisions of this
section.

(3) A bond or other undertaking, in lieu of other orders, of a
value sufficient to ensure the satisfaction of restitution and fines
imposed pursuant to this section.

(f) (1) No preliminary injunction may be granted or receiver
appointed by the court without notice that meets the requirements
of paragraph (3) of subdivision (d) to all known and reasonably
ascertainable interested parties and upon a hearing to determine
that an order is necessary to preserve the property pending the
outcome of the criminal proceedings. A temporary restraining
order may be issued by the court, ex parte, pending that hearing
in conjunction with or subsequent to the filing of the petition upon
the application of the prosecuting attorney. The temporary
restraining order may be based upon the sworn declaration of a
peace officer with personal knowledge of the criminal investigation
that establishes probable cause to believe that aggravated white
collar crime or a felony, a material element of which is fraud or
embezzlement, that involves the taking or loss of more than one
hundred thousand dollars ($100,000) has taken place and that the
amount of restitution and fines exceeds or equals the worth of the
assets subject to the temporary restraining order. The declaration
may include the hearsay statements of witnesses to establish the
necessary facts. The temporary restraining order may be issued
without notice upon a showing of good cause to the court.

(2) The defendant, or a person who has filed a verified claim
as provided in paragraph (6) of subdivision (d), shall have the right
to have the court conduct an order to show cause hearing within
10 days of the service of the request for hearing upon the
prosecuting agency, in order to determine whether the temporary
restraining order should remain in effect, whether relief should be
granted from any lis pendens recorded pursuant to paragraph (4)
of subdivision (d), or whether any existing order should be
modified in the interests of justice. Upon a showing of good cause,
the hearing shall be held within two days of the service of the
request for hearing upon the prosecuting agency.

(3) In determining whether to issue a preliminary injunction or
temporary restraining order in a proceeding brought by a
prosecuting agency in conjunction with or subsequent to the filing
of an allegation pursuant to this section, the court has the discretion
to consider any matter that it deems reliable and appropriate,
including hearsay statements, in order to reach a just and equitable
decision. The court shall weigh the relative degree of certainty of
the outcome on the merits and the consequences to each of the
parties of granting the interim relief. If the prosecution is likely to
prevail on the merits and the risk of the dissipation of assets
outweighs the potential harm to the defendants and the interested
parties, the court shall grant injunctive relief. The court shall give
significant weight to the following factors:

(A) The public interest in preserving the property or assets
pendente lite.

(B) The difficulty of preserving the property or assets pendente
lite where the underlying alleged crimes involve issues of fraud
and moral turpitude.

(C) The fact that the requested relief is being sought by a public
prosecutor on behalf of alleged victims of white collar crimes.

(D) The likelihood that substantial public harm has occurred
where aggravated white collar crime is alleged to have been
committed.

(E) The significant public interest involved in compensating
the victims of white collar crime and paying court-imposed
restitution and fines.

(4) The court, in making its orders, may consider a defendant’s
request for the release of a portion of the property affected by this
section in order to pay reasonable legal fees in connection with
the criminal proceeding, any necessary and appropriate living
expenses pending trial and sentencing, and for the purpose of
posting bail. The court shall weigh the needs of the public to retain
the property against the needs of the defendant to a portion of the
property. The court shall consider the factors listed in paragraph
(3) prior to making any order releasing property for these purposes.

(5) The court, in making its orders, shall seek to protect the
interests of any innocent third persons, including an innocent
spouse, who were not involved in the commission of any criminal
activity.

(6) Any petition filed pursuant to this section is part of the
criminal proceedings for purposes of appointment of counsel and
shall be assigned to the criminal division of the superior court of
the county in which the accusatory pleading was filed.

(7) Based upon a noticed motion brought by the receiver
appointed pursuant to paragraph (2) of subdivision (e), the court
may order an interlocutory sale of property named in the petition
when the property is liable to perish, to waste, or to be significantly
reduced in value, or when the expenses of maintaining the property
are disproportionate to the value thereof. The proceeds of the
interlocutory sale shall be deposited with the court or as directed
by the court pending determination of the proceeding pursuant to
this section.

(8) The court may make any orders that are necessary to preserve
the continuing viability of any lawful business enterprise that is
affected by the issuance of a temporary restraining order or
preliminary injunction issued pursuant to this action.

(9) In making its orders, the court shall seek to prevent any asset
subject to a temporary restraining order or preliminary injunction
from perishing, spoiling, going to waste, or otherwise being
significantly reduced in value. Where the potential for diminution
in value exists, the court shall appoint a receiver to dispose of or
otherwise protect the value of the property or asset.

(10) A preservation order shall not be issued against any assets
of a business that are not likely to be dissipated and that may be
subject to levy or attachment to meet the purposes of this section.

(g) If the allegation that the defendant is subject to the
aggravated white collar crime enhancement or has committed a
felony, a material element of which is fraud or embezzlement, that
involves the taking or loss of more than one hundred thousand
dollars ($100,000) is dismissed or found by the trier of fact to be
untrue, any preliminary injunction or temporary restraining order
issued pursuant to this section shall be dissolved. If a jury is the
trier of fact, and the jury is unable to reach a unanimous verdict,
the court shall have the discretion to continue or dissolve all or a
portion of the preliminary injunction or temporary restraining order
based upon the interests of justice. However, if the prosecuting
agency elects not to retry the case, any preliminary injunction or
temporary restraining order issued pursuant to this section shall
be dissolved.

(h) (1) (A) If the defendant is convicted of two or more
felonies, as specified in subdivision (a), and the existence of facts
that would make the person subject to the aggravated white collar
crime enhancement have been admitted or found to be true by the
trier of fact, or the defendant is convicted of a felony, a material
element of which is fraud or embezzlement, that involves the taking
or loss of more than one hundred thousand dollars ($100,000), and
an allegation as to the existence of those facts has been admitted
or found to be true by the trier of fact, the trial judge shall continue
the preliminary injunction or temporary restraining order until the
date of the criminal sentencing and shall make a finding at that
time as to what portion, if any, of the property or assets subject to
the preliminary injunction or temporary restraining order shall be
levied upon to pay fines and restitution to victims of the crime.
The order imposing fines and restitution may exceed the total worth
of the property or assets subjected to the preliminary injunction
or temporary restraining order. The court may order the immediate
transfer of the property or assets to satisfy any judgment and
sentence made pursuant to this section. Additionally, upon motion
of the prosecution, the court may enter an order as part of the
judgment and sentence making the order imposing fines and
restitution pursuant to this section enforceable pursuant to Title 9
(commencing with Section 680.010) of Part 2 of the Code of Civil
Procedure.

(B) Additionally, the court shall order the defendant to make
full restitution to the victim or to make restitution to the victim
based on his or her ability to pay, as defined in subdivision (e) of
Section 1203.1b. The payment of the restitution ordered by the
court pursuant to this section shall be made a condition of any
probation granted by the court if the existence of facts that would
make the defendant subject to the aggravated white collar crime
enhancement or of facts demonstrating the person committed a
felony, a material element of which is fraud or embezzlement, that
involves the taking or loss of more than one hundred thousand
dollars ($100,000) have been admitted or found to be true by the
trier of fact. Notwithstanding any other provision of law, the court
may order that the period of probation continue for up to 10 years
or until full restitution is made to the victim, whichever is earlier.

(C) The sentencing court shall retain jurisdiction to enforce the
order to pay additional fines and restitution and, in appropriate
cases, may initiate probation violation proceedings or contempt
of court proceedings against a defendant who is found to have
willfully failed to comply with any lawful order of the court.

(D) If the execution of judgment is stayed pending an appeal
of an order of the superior court pursuant to this section, the
preliminary injunction or temporary restraining order shall be
maintained in full force and effect during the pendency of the
appellate period.

(2) The order imposing fines and restitution shall not affect the
interest in real property of any third party that was acquired prior
to the recording of the lis pendens, unless the property was obtained
from the defendant other than as a bona fide purchaser for value.
If any assets or property affected by this section are subject to a
valid lien, mortgage, security interest, or interest under a
conditional sales contract and the amount due to the holder of the
lien, mortgage, interest, or contract is less than the appraised value
of the property, that person may pay to the state or the local
government that initiated the proceeding the amount of the
difference between the appraised value of the property and the
amount of the lien, mortgage, security interest, or interest under a
conditional sales contract. Upon that payment, the state or local
entity shall relinquish all claims to the property. If the holder of
the interest elects not to make that payment to the state or local
governmental entity, the interest in the property shall be deemed
transferred to the state or local governmental entity and any indicia
of ownership of the property shall be confirmed in the state or
local governmental entity. The appraised value shall be determined
as of the date judgment is entered either by agreement between
the holder of the lien, mortgage, security interest, or interest under
a conditional sales contract and the governmental entity involved,
or if they cannot agree, then by a court-appointed appraiser for the
county in which the action is brought. A person holding a valid
lien, mortgage, security interest, or interest under a conditional
sales contract shall be paid the appraised value of his or her interest.

(3) In making its final order, the court shall seek to protect the
legitimately acquired interests of any innocent third persons,
including an innocent spouse, who were not involved in the
commission of any criminal activity.

(i) In all cases where property is to be levied upon pursuant to
this section, a receiver appointed by the court shall be empowered
to liquidate all property or assets which shall be distributed in the
following order of priority:

(1) To the receiver, or court-appointed appraiser, for all
reasonable expenditures made or incurred by him or her in
connection with the sale of the property or liquidation of assets,
including all reasonable expenditures for any necessary repairs,
storage, or transportation of any property levied upon under this
section.

(2) To any holder of a valid lien, mortgage, or security interest
up to the amount of his or her interest in the property or proceeds.

(3) To any victim as restitution for any fraudulent or unlawful
acts alleged in the accusatory pleading that were proven by the
prosecuting agency as part of the pattern of fraudulent or unlawful
acts.

(4) For payment of any fine imposed pursuant to this section.
The proceeds obtained in payment of a fine shall be paid to the
treasurer of the county in which the judgment was entered, or if
the action was undertaken by the Attorney General, to the
Treasurer. If the payment of any fine imposed pursuant to this
section involved losses resulting from violation of Section 550 of
this code or Section 1871.4 of the Insurance Code, one-half of the
fine collected shall be paid to the treasurer of the county in which
the judgment was entered, and one-half of the fine collected shall
be paid to the Department of Insurance for deposit in the
appropriate account in the Insurance Fund. The proceeds from the
fine first shall be used by a county to reimburse local prosecutors
and enforcement agencies for the reasonable costs of investigation
and prosecution of cases brought pursuant to this section.

(5) To the Restitution Fund, or in cases involving convictions
relating to insurance fraud, to the Insurance Fund as restitution for
crimes not specifically pleaded and proven in the accusatory
pleading.

(j) If, after distribution pursuant to paragraphs (1) and (2) of
subdivision (i), the value of the property to be levied upon pursuant
to this section is insufficient to pay for restitution and fines, the
court shall order an equitable sharing of the proceeds of the
liquidation of the property, and any other recoveries, which shall
specify the percentage of recoveries to be devoted to each purpose.
At least 70 percent of the proceeds remaining after distribution
pursuant to paragraphs (1) and (2) of subdivision (i) shall be
devoted to restitution.

(k) Unless otherwise expressly provided, the remedies or
penalties provided by this section are cumulative to each other and
to the remedies or penalties available under all other laws of this
state, except that two separate actions against the same defendant
and pertaining to the same fraudulent or unlawful acts may not be
brought by a district attorney or the Attorney General pursuant to
this section and Chapter 5 (commencing with Section 17200) of
Part 2 of Division 7 of the Business and Professions Code. If a
fine is imposed under this section, it shall be in lieu of all other
fines that may be imposed pursuant to any other provision of law
for the crimes for which the defendant has been convicted in the
action.

end delete