Victim restitution: probation: jurisdiction.
Summary
Existing law requires a court to impose a separate and additional restitution fine in each case in which a person is convicted of a crime. If the economic losses of a victim cannot be ascertained at the time of sentencing, existing law requires a court to retain jurisdiction over a person subject to a restitution order for purposes of imposing or modifying restitution until such time as the losses may be determined. Two state appellate court decisions have held that under state law a court acts in excess of its jurisdiction by ordering restitution or modifying a restitution order after the expiration of a defendant's probation. This bill would expressly abrogate the holdings in those decisions by requiring the court, in cases in which probation has been granted, to retain jurisdiction over a defendant for purposes of imposing or modifying restitution for a period of 5 years following sentencing, or until the expiration of probation or mandatory supervision, whichever is later.
Bill status
failed
3 of 5 stages cleared
Introduction
Jan 2017
Committee Review
May 2017
Assembly Passage
Apr 2017
Senate Passage
Governor
Introduced Jan 19, 2017
Last action Jun 6, 2017
Floor votes · Assembly Apr 24, 2017
How they voted
67–3
Passed · 4 other
Total votes 74
Apr 24, 2017
D
Democratic52
88% Yea
I
Independent1
100% Yea
R
Republican21
95% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
16
Key actions
5
Committee
7
Amendments
2
May 10, 2017
Committee
Referred to Com. on PUB. S.
upper
Apr 24, 2017
Assembly · Passed
Assembly Vote: pass (67-3-4)
assembly
Apr 5, 2017
Lower · Passed
From committee: Do pass. (Ayes 17. Noes 0.) (April 5).
lower
Mar 6, 2017
Committee
Re-referred to Com. on APPR.
lower
Mar 1, 2017
Lower · Passed
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (February 28).
lower
Feb 22, 2017
Committee
Re-referred to Com. on PUB. S.
lower
Feb 21, 2017
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
lower
Feb 13, 2017
Lower · Passed
In committee: Hearing postponed by committee.
lower
Jan 30, 2017
Committee
Referred to Com. on PUB. S.
lower
Jan 20, 2017
Lower · Passed
From printer. May be heard in committee February 19.
lower
1 primary · 5 co-sponsors
Sponsors
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