BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 364
                                                                  Page  1

          Date of Hearing:   April 13, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                AB 364 (Bonilla) - As Introduced:  February 14, 2011 

          Policy Committee:                              Public 
          SafetyVote:  7-0

          Urgency:     No                   State Mandated Local Program: 
          Yes    Reimbursable:              No 

           SUMMARY  

          This bill expands current law that provides for the preservation 
          by the court of assets and property of any person charged with 
          two or more felony acts of fraud or embezzlement if that conduct 
          involves the taking of $100,000 or more, to cover the victim of 
          a single felony charge.    

           FISCAL EFFECT  

          Minor non-state-reimbursable local law enforcement 
          administrative costs.

           COMMENTS  

           Rationale  . This bill makes the "freeze and seize" procedures 
          that apply to aggravated white collar crimes with two or more 
          felonies against the same or different victims, where the loss 
          exceeds $100,000, applicable to cases involving a single victim 
          and a single felony.

          Current law provides a procedure by which the assets and 
          property of a person alleged to have committed a pattern of 
          related felony conduct - a material element of which is fraud or 
          embezzlement - involving two or more felonies and resulting in 
          the taking or loss of more than $100,000, may be preserved by 
          the court to pay restitution and fines.  

          The sponsor of the bill, the CA District Attorneys Association 
          contends current law is insufficient in protecting solitary 
          victims in cases involving a single fraud-related charge. 
          "Suppose a defendant steals $100,001 total from two victims in 








                                                                  AB 364
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          separate incidents.  This defendant could have his assets and 
          property frozen and ultimately liquidated to cover the costs of 
          restitution and fines if convicted.  However, the same 
          defendant's assets would remain untouched if he was only charged 
          with a single felony involving the same dollar amount and a 
          single victim.  There is no reason to retain this arbitrary bar 
          to an effective and just law enforcement tool."




           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081