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


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Health          |     |                      |                    |
          |                |     |                      |                    |
          |(vote not       |     |                      |                    |
          |relevant)       |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |12-0 |Gomez, Bloom, Bonta,  |                    |
          |                |     |Calderon, Nazarian,   |                    |
          |                |     |Eggman, Eduardo       |                    |
          |                |     |Garcia, Holden,       |                    |
          |                |     |Quirk, Rendon, Weber, |                    |
          |                |     |Wood                  |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|








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          |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  








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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

















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