BILL ANALYSIS �
SENATE COMMITTEE ON ELECTIONS
AND CONSTITUTIONAL AMENDMENTS
Senator Alex Padilla, Chair
BILL NO: AB 1666 HEARING DATE: 6/24/14
AUTHOR: GARCIA ANALYSIS BY: Darren Chesin
AMENDED: 5/1/14
FISCAL: YES
SUBJECT
Political Reform Act: campaign funds: bribery fines
DESCRIPTION
Existing law provides that every member of the Legislature, or
any member of the legislative body of a city, county, city and
county, school district, or other special district, who asks,
receives, or agrees to receive, any bribe, upon any
understanding that his or her official vote, opinion, judgment,
or action shall be influenced thereby, or shall give, in any
particular manner, or upon any particular side of any question
or matter upon which he or she may be required to act in his or
her official capacity, or gives, or offers or promises to give,
any official vote in consideration that another member of the
Legislature, or another member of the legislative body of a
city, county, city and county, school district, or other special
district shall give this vote either upon the same or another
question, is punishable by imprisonment in the state prison for
two, three, or four years and, in cases in which no bribe has
been actually received, by a restitution fine of not less than
$2,000 or not more than $10,000 or, in cases in which a bribe
was actually received, by a restitution fine of at least the
actual amount of the bribe received or $2,000, whichever is
greater, or any larger amount of not more than double the amount
of any bribe received or $10,000, whichever is greater. The
court, in imposing a fine under this section, must consider the
defendant's ability to pay the fine.
Existing law , pursuant to the Political Reform Act (PRA),
prohibits the use of campaign funds for an expenditure that
confers a substantial personal benefit on any individual or
individuals with authority to approve the expenditure unless the
expenditure is directly related to a political, legislative, or
governmental purpose.
This bill doubles the restitution fines for a member of the
Legislature or any member of a local government legislative body
who asks for or receives a bribe in exchange for influence over
his or her official action, as follows:
In cases where no bribe was actually received, from a minimum
of $2,000 to a minimum of $4,000 and from a maximum of $10,000
to a maximum of $20,000.
In cases where a bribe was received, from a minimum of the
actual amount of the bribe received or $2,000, whichever is
greater, and a maximum of up to double the amount of any bribe
received or $10,000, or whichever is greater, to a minimum of
the amount of the bribe received or $4,000, whichever is
greater and a maximum of up to double the amount of any bribe
received or $20,000, whichever is greater.
This bill also amends the PRA to prohibit campaign funds from
being used to pay the restitution fines provided for above.
BACKGROUND
Restitution Fines . According to the California Victim
Compensation and Government Claims Board, restitution fines are
required by law in every criminal case in which an adult
offender is convicted of a crime, unless a judge finds
compelling and extraordinary reasons that the offender should
not pay a fine. Fines for adults convicted of misdemeanors
range from $120 to $1,000. Adults convicted of felonies must
pay between $240 to $10,000.
All restitution fines paid by offenders go to the Restitution
Fund which supports the California Victim Compensation Program.
The court imposes a restitution order to cover actual crime
related expenses incurred by a victim as a result of the crime.
COMMENTS
1.According to the Author : AB 1666 strengthens penalties
associated with bribes by increasing the fines imposed and by
ensuring those convicted must pay penalties out of personal
funds, not out of accounts meant for running for office.
AB 1666 (GARCIA)
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Current statute prohibits the giving or offering of a bribe to a
legislator, as well as the receiving, asking, or agreeing to
receive a bribe, including vote trading, by a legislator.
Violation of these laws law (Penal Code Section 85-86) is a
felony and in cases where a bribe is actually received, the
penalty may be comprised of the actual amount received or a
fine ranging from $2,000-$10,000, whichever is greater.
Instances where no bribe is received, penalties can range from
$2,000-$10,000.
These fines, established in 2001 by SB 983 (McPherson) have not
been updated and there is currently no prohibition on how the
convicted must pay the fines. Essentially, this means that
the fines can be paid out of campaign funds, not personal
funds.
2.Related Legislation : AB 1692 (Garcia), which is also being
heard in this committee today, limits the use of campaign
funds and legal defense funds to pay fines and penalties that
are imposed for an improper personal use of campaign funds, as
specified.
PRIOR ACTION
Assembly Elections and Redistricting Committee: 6-0
Assembly Appropriations Committee: 17-0
Assembly Floor: 78-0
POSITIONS
Sponsor: Author
Support: Secretary of State
Oppose: None received
AB 1666 (GARCIA)
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AB 1666 (GARCIA)
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