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CA AB2308

Bill

Status

Introduced

2/14/2020

Primary Sponsor

Wendy Carrillo

Click for details

Origin

State Assembly

2019-2020 Session

AI Summary

  • 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.

  • 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.

  • 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).

  • Changes restitution to victims to require courts to base restitution orders on actual economic losses without consideration of the defendant's inability to pay.

  • 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

Committee Referrals

Public Safety4/24/2020

Full Bill Text

No bill text available