BILL ANALYSIS Ó
SB 614
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SENATE THIRD READING
SB
614 (Hertzberg)
As Amended August 18, 2016
Majority vote
Re-Referred To Committee Per Assembly Rule 77.2.
SENATE VOTE: 40-0
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Health | | | |
| | | | |
|(vote not | | | |
|relevant) | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |12-0 |Gomez, Bloom, Bonta, | |
| | |Calderon, Nazarian, | |
| | |Eggman, Eduardo | |
| | |Garcia, Holden, | |
| | |Quirk, Rendon, Weber, | |
| | |Wood | |
| | | | |
|----------------+-----+----------------------+--------------------|
SB 614
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|Public Safety |6-0 |Jones-Sawyer, | |
| | |Melendez, Lackey, | |
| | |Lopez, Quirk, | |
| | |Santiago | |
| | | | |
| | | | |
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SUMMARY: Applies the presumption of inability to pay attorney
fees when a defendant is sentenced to state prison to those
defendants sentenced to one year or more in county jail.
Specifically, this bill establishes a presumption that a person
sentenced to more than 364 days in county jail does not have a
reasonably discernable future financial ability to reimburse the
costs of his or her legal representation.
EXISTING LAW:
1)Entitles an indigent defendant the right to appointed counsel
at public expense when charged with a felony or misdemeanor.
2)Permits the court to require the defendant to file a financial
statement or provide other financial information under penalty
of perjury in order to assist the court in determining if the
defendant is able to hire an attorney.
3)States that in any case in which the superior court assigns an
attorney to represent the defendant in a criminal proceeding
or a minor in a delinquency proceeding, the assigned counsel
shall receive a reasonable sum for compensation and for
necessary expenses, as specified.
4)States that every defendant who is represented by appointed
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counsel shall be assessed a registration fee not to exceed
$50, unless he or she is financially unable to pay the fee.
The registration fee shall be credited toward any future
attorney fees that the defendant may be charged.
5)Requires the court, "prior to the furnishing of counsel," to
notify the defendant that he or she may be ordered to pay
attorney fees.
6)Allows the court, upon the conclusion of the criminal
proceedings, to make a determination of the defendant's
present ability to pay all or a portion of the costs of legal
representation by appointed counsel.
7)Defines "ability to pay" as "the overall capability of the
defendant to reimburse the costs, or a portion of the costs,
of the legal assistance provided to him or her."
8)States that ability to pay includes, but is not limited to all
of the following:
a) The defendant's present financial position;
b) The defendant's reasonably discernable future financial
position in the next six months;
c) The likelihood that the defendant shall be able to
obtain employment within a six-month period; and,
d) Any other factor or factors which may bear on the
defendant's financial capability to reimburse the county
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for the costs of legal representation.
9)Establishes a presumption that a defendant sentenced to state
prison does not have a reasonably discernable financial
ability to reimburse defense costs.
10)Permits the court to order a minor's parent or guardian to
reimburse the county for all or part of the services of
appointed counsel, if the parent or guardian has the ability
to pay.
FISCAL EFFECT: Unknown.
COMMENTS: According to the author, "SB 614 protects families
from unintended burdens, providing that defendants who have been
sentenced to a year or more in county jail for
realignment-eligible offenses are presumed unable to pay fees
for court-ordered defense, as is current law regarding persons
sentenced to state prison."
Analysis Prepared by:
Sandy Uribe / PUB. S. / (916) 319-3744 FN:
0004837
SB 614
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