BILL ANALYSIS Ó SB 614 Page 1 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 ------------------------------------------------------------------ |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 Page 2 |Public Safety |6-0 |Jones-Sawyer, | | | | |Melendez, Lackey, | | | | |Lopez, Quirk, | | | | |Santiago | | | | | | | | | | | | ------------------------------------------------------------------ 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 SB 614 Page 3 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 SB 614 Page 4 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 Page 5