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CA AB1710

Bill

Status

Introduced

2/2/2010

Primary Sponsor

Pedro Nava

Click for details

Origin

State Assembly

2009-2010 Session

AI Summary

  • Prohibits courts from reducing victim restitution amounts based on comparative negligence or any fault, intentional or otherwise, on the part of the victim.

  • Amends Penal Code Section 1202.4 to clarify that victims must receive full restitution for economic losses resulting from the defendant's criminal conduct.

  • Abrogates the holding in People v. Millard (2009) 175 Cal.App.4th 7, which had allowed comparative negligence doctrine to reduce restitution amounts.

  • Requires courts to order full restitution unless compelling and extraordinary reasons exist, with inability to pay not qualifying as such a reason.

Legislative Description

Victims: restitution.

Last Action

In committee: Set, first hearing. Hearing canceled at the request of author.

5/4/2010

Committee Referrals

Public Safety2/11/2010

Full Bill Text

No bill text available