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CA SB614

Bill

Status

Passed

9/23/2016

Primary Sponsor

Bob Hertzberg

Click for details

Origin

Senate

2015-2016 Session

AI Summary

  • Extends the presumption that a defendant lacks reasonably discernible future financial ability to reimburse defense costs to defendants sentenced to county jail for periods longer than 364 days, matching the existing presumption for defendants sentenced to state prison.

  • Allows courts to determine a defendant's ability to pay for legal assistance after criminal proceedings conclude or counsel withdraws, and to order reimbursement to the county in a manner compatible with the defendant's financial ability.

  • Requires courts to provide defendants with notice before furnishing counsel that the court may determine their ability to pay legal costs and enforce any resulting judgment like a civil money judgment.

  • Grants defendants the right to be heard in person, present evidence, cross-examine witnesses, and receive written findings at any hearing on ability to pay.

  • Permits defendants to petition the court to modify or vacate reimbursement judgments based on changes in financial circumstances.

Legislative Description

Criminal procedure: legal assistance: ability to pay.

Last Action

Chaptered by Secretary of State. Chapter 534, Statutes of 2016.

9/23/2016

Committee Referrals

Public Safety8/26/2016
Public Safety8/18/2016
Appropriations7/15/2015
Health6/18/2015
Appropriations4/16/2015
Health3/12/2015
Rules2/27/2015

Full Bill Text

No bill text available