BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 898|
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THIRD READING
Bill No: AB 898
Author: Alejo (D), et al.
Amended: 8/30/11 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/28/11
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : 9-0, 8/25/11
AYES: Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley,
Price, Runner, Steinberg
ASSEMBLY FLOOR : 76-0, 6/1/11 - See last page for vote
SUBJECT : Restitution fines
SOURCE : California Coalition Against Sexual Assault
DIGEST : This bill raises the minimum restitution fine
for a felony conviction and for a misdemeanor conviction.
Phased in over a three year period of time beginning on
January 1, 2012.
ANALYSIS : Existing law states that a sentencing court
shall order a defendant convicted of a misdemeanor or
felony to pay direct restitution to any victim and a
restitution fine. (Penal Code �PEN] Section 1202.4, subd.
(a)(3))
CONTINUED
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Existing law mandates the restitution fine for felony
offenses shall not be less than $200 and not more than
$10,000. (PEN Section 1202.4, subd. (b)(1))
Existing law mandates the restitution fine for misdemeanor
offenses shall not be less than $100 and not more than
$1,000. (PEN Section 1202.4, subd. (b)(1))
Existing law gives the court the discretion to set the
amount of the restitution fine commensurate with the
seriousness of the offense and other factors, as specified.
(PEN Section 1202.4, subds. (b)(1) and (d))
Existing law requires the trial court to impose the
restitution fine unless it finds compelling and
extraordinary reasons for not doing so, and states those
reasons on the record. Inability to pay is not a
compelling reason for not imposing the fine, but can be
considered in determining the amount of the fine. (PEN
Section 1202.4, subd. (c))
Existing law permits the court to set the amount of the
felony restitution fine as $200 multiplied by the number of
years of imprisonment the defendant is ordered to serve,
multiplied by the number of counts of conviction. (PEN
Section 1202.4, subd. (b)(2))
Existing law provides that restitution fines shall be
deposited in the Restitution Fund is not subject to penalty
assessments. (PEN Section 1202.4, subd. (e)-(f))
Existing law requires the court to assess an additional
probation-revocation restitution fine in the same amount as
that imposed for the restitution fine. This additional
fine is effective upon the revocation of probation. (PEN
Section 1202.44)
Existing law requires the court to assess an additional
parole-revocation restitution fine in the same amount as
that imposed for the restitution fine. This additional
fine is suspended unless parole is revoked. (PEN Section
1202.45)
Existing law provides that when a defendant is sentenced to
state prison and owes a restitution fine, the California
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Department of Corrections and Rehabilitation may deduct 20
to 50 percent of the fine from the prisoner's wages. (PEN
Section 2085.5, subd. (a))
Existing law creates the Victims of Crime Program,
administered by the California Victim Compensation and
Government Claims Board (CVCGC), to reimburse victims of
crime for the pecuniary losses they suffer as a direct
result of criminal acts. Indemnification is made from the
Restitution Fund, which is continuously appropriated to the
CVCGC. Restitution fines are deposited into the fund.
(Government Code Sections 13950-13968)
This bill provides for an increase to be phased in over a
three year period of time.
This bill provides the fine shall not be less than $240
starting on January 1, 2012, $280 starting on January 1,
2013, and $300 starting on January 1, 2014 if the person is
convicted of a felony and not more than $120 starting on
January 1, 2012, $140 starting on January 1, 2013, and $150
starting on January 1, 2014 if the person is convicted of a
misdemeanor.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13
2013-14 Fund
Increased minimum Unknown; increased revenue in
the Special*
restitution fines millions of dollars - $2,800
per ten
percent increase
in collections; potential
impact to collection of other
fees/fines Loc/
Gen/Spec**
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*Restitution Fund
**Various Special Funds
SUPPORT : (Verified 8/29/11)
California Coalition Against Sexual Assault (source)
Crime Victims Action Alliance
Crime Victims United of California
ARGUMENTS IN SUPPORT : According to the author:
"AB 898 breathes life into the California Victim
Compensation Program by updating restitution fines for
the first time in nearly two decades. Since FY 2004-05,
payouts to victims or their families, which often include
medical and mental health treatment, and funeral
expenses, have been increasing faster than revenues.
"All money comes from restitution fines imposed on
convicted defendants; nothing is paid out of the General
Fund or revenues from taxes and fees. AB 898 updates
minimum restitution fines based on inflationary changes,
ensuring that the VCP is a lasting resource for crime
victims.
"Since January, the VCP has approved several cuts in
disbursements in an attempt to prevent insolvency. These
cuts directly affect victims' ability to access quality
health and mental services and to recover from violent
crime. This bill is needed to ensure that crime victims
have this excellent resource for years to come."
ASSEMBLY FLOOR : 76-0, 6/1/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Gatto, Gordon, Grove, Hagman,
Halderman, Hall, Harkey, Hayashi, Roger Hern�ndez, Hill,
Huber, Hueso, Huffman, Jones, Knight, Lara, Logue, Bonnie
Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
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Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan,
Perea, Portantino, Silva, Skinner, Smyth, Solorio,
Swanson, Torres, Valadao, Wagner, Wieckowski, Williams,
Yamada, John A. P�rez
NO VOTE RECORDED: Garrick, Gorell, Jeffries, V. Manuel
P�rez
RJG:kc 8/29/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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