BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 614|
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UNFINISHED BUSINESS
Bill No: SB 614
Author: Hertzberg (D), et al.
Amended: 8/18/16
Vote: 21
PRIOR VOTES NOT RELEVANT
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 8/29/16 (Pursuant to
Senate Rule 29.10)
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
ASSEMBLY FLOOR: 79-0, 8/25/16 See last page for vote
SUBJECT: Criminal procedure: legal assistance: ability to
pay
SOURCE: Ella Baker Center for Human Rights
DIGEST: This bill 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.
Assembly Amendments delete the Senate version of the bill and
replace it with the current language.
ANALYSIS:
Existing law:
1) Entitles an indigent defendant the right to appointed
counsel at public expense when charged with a felony or
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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
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:
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a) The defendant's present financial position;
b) The defendant's reasonably discernible 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
for the costs of legal representation.
9) Establishes a presumption that a defendant sentenced to
state prison does not have a reasonably discernible 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.
This bill establishes a presumption that a person sentenced to
more than 364 days in county jail does not have a reasonably
discernible future financial ability to reimburse the costs of
his or her legal representation.
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."
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FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified8/29/16)
Ella Baker Center for Human Rights (source)
California Attorneys for Criminal Justice
National Association of Social Workers
OPPOSITION: (Verified8/29/16)
None received
ASSEMBLY FLOOR: 79-0, 8/25/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Calderon,
Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper,
Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines,
Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,
Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger
Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey,
Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes,
McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,
O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez,
Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,
Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Burke
Prepared by:Mary Kennedy / PUB. S. /
8/29/16 18:45:39
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