Criminal procedure: legal assistance: ability to pay.
Summary
Existing law requires a court to assign counsel to defend a defendant if the defendant desires the assistance of counsel and cannot afford to pay for counsel. Upon conclusion of the proceedings against the defendant, or withdrawal of counsel, existing law authorizes the court to make a determination of the ability of a defendant to pay all or a portion of his or her defense. Existing law authorizes the court to order a defendant to reimburse the county for those costs. Existing law provides a presumption that a defendant sentenced to state prison is determined not to have a reasonably discernible future financial ability to reimburse the costs of his or her defense, except as specified. This bill would extend that presumption to a defendant sentenced to county jail for a period longer than 364 days.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2015
Committee Review
Aug 2016
Senate Passage
Jun 2015
Assembly Passage
Aug 2016
Signed into Law
Sep 2016
Introduced Feb 27, 2015
Signed Sep 23, 2016
Floor votes · Senate Jun 1, 2015 · Assembly Aug 25, 2016
How they voted
33–0
Passed
Total votes 33
Jun 1, 2015
D
Democratic23
100% Yea
R
Republican10
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
44
Key actions
10
Committee
15
Amendments
2
Sep 23, 2016
Signed into law
Approved by the Governor.
legislature
Aug 30, 2016
Upper · Passed
Assembly amendments concurred in. (Ayes 39. Noes 0. Page 5532.) Ordered to engrossing and enrolling.
upper
Aug 29, 2016
Upper · Passed
From committee: That the Assembly amendments be concurred in. (Ayes 7. Noes 0. Page 5501.)
upper
Aug 26, 2016
Committee
From committee: Be re-referred to Com. on PUB. S. pursuant to Senate Rule 29.10(d). (Ayes 5. Noes 0. Page 5448.) Re-referred to Com. on PUB. S.
upper
Aug 26, 2016
Committee
Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(d).
upper
Aug 25, 2016
Assembly · Passed
Assembly Vote: pass (70-0-1)
assembly
Aug 25, 2016
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 23, 2016
Lower · Passed
From committee: Do pass. (Ayes 6. Noes 0.) (August 23).
lower
Aug 18, 2016
Committee
Re-referred to Com. on PUB. S. pursuant to Assembly Rule 77.2.
lower
Aug 31, 2015
Lower · Passed
Read second time and amended. Ordered to second reading.
lower
Aug 28, 2015
Lower · Passed
From committee: Do pass as amended. (Ayes 12. Noes 0.) (August 27).
lower
Jul 16, 2015
Committee
Read second time and amended. Re-referred to Com. on APPR.
lower
Jul 15, 2015
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 18. Noes 0.) (July 14).
lower
Jul 6, 2015
Committee
From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.
lower
Jun 18, 2015
Committee
Referred to Com. on HEALTH.
lower
Jun 1, 2015
Senate · Passed
Senate Vote: pass (33-0)
senate
May 28, 2015
Upper · Passed
From committee: Do pass. (Ayes 7. Noes 0. Page 1157.) (May 28).
upper
Apr 16, 2015
Committee
From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0. Page 651.) (April 15). Re-referred to Com. on APPR.
upper
Apr 6, 2015
Committee
From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.
upper
Mar 12, 2015
Committee
Referred to Com. on HEALTH.
upper
Feb 27, 2015
Introduced
Introduced. To Com. on RLS. for assignment. To print.
upper
1 primary · 2 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Robert M. Hertzberg
DDemocratic
Co
Chad Mayes
IIndependent
Co
ML
Mark Leno
DDemocratic
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