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CA AB2308
Bill
Status
2/14/2020
Primary Sponsor
Wendy Carrillo
Click for details
AI Summary
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Makes a defendant's inability to pay a compelling and extraordinary reason for a court to not impose a restitution fine, reversing prior law that prohibited considering inability to pay as a valid reason.
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Requires courts to impose court facility assessments ($30 for misdemeanors/felonies, $35 for infractions) and court operations assessments ($40) only if the defendant has the ability to pay.
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Modifies restitution fine language to allow courts to consider defendant's ability to pay when setting amounts above the minimum fine ($150-$1,000 for misdemeanors, $300-$10,000 for felonies).
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Changes restitution to victims to require courts to base restitution orders on actual economic losses without consideration of the defendant's inability to pay.
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Updates gender-neutral language throughout the Penal Code sections regarding restitution procedures and financial disclosures.
Legislative Description
Crimes: assessments: restitution: ability to pay.
Last Action
Re-referred to Com. on PUB. S.
5/5/2020