Restitution fines.
Summary
(1) Existing law requires a court, when a defendant is convicted of a crime, to order the defendant to pay restitution to the victim or victims, and to additionally pay a restitution fine to be deposited in the Restitution Fund. Existing law generally provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund. This bill would make the outstanding balance of any restitution fines, including any collection fees, unenforceable and uncollectible 10 years after the date of imposition of an order for a restitution fine. (2) Existing law establishes the jurisdiction of the juvenile court over minors who are between 12 and 17 years of age, inclusive, who have violated a federal, state, or local law or ordinance, as specified, and over minors under 12 years of age who have been alleged to have committed specified crimes. Existing law authorizes a juvenile court to adjudge a person under these circumstances to be a ward of the court. Existing law generally requires that the minor pay a restitution fine to be deposited into the Restitution Fund and restitution to any victim of the minor's conduct, as specified. The bill would remove the requirement that a minor adjudged to be a ward of the court pay a restitution fine and would make the outstanding balance of any restitution fines, including any collection fees, unenforceable and uncollectible 10 years after the date of imposition of a restitution fine. The bill would make additional conforming changes. (3) Existing law requires the juvenile court, when issuing the order of restitution, to identify on the court order, any co-offenders who are jointly and severally liable for victim restitution. The bill would require, for the purposes of victim restitution, that each minor be held severally liable, as specified, and would prohibit a minor from being held jointly and severally liable as co-offenders. The bill would prohibit the aggregate amount of apportioned liability for all minors involved from exceeding 100% in total. (4) Existing law establishes the distribution of trust funds of a ward committed to the Division of Juvenile Justice, including payment of restitution orders and restitution fines. Under existing law, the Division of Juvenile Justice closed on June 30, 2023. This bill would repeal these provisions.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2023
Committee Review
Aug 2024
Assembly Passage
May 2023
Senate Passage
Aug 2024
Signed into Law
Sep 2024
Introduced Feb 16, 2023
Signed Sep 28, 2024
Floor votes · Senate Aug 26, 2024 · Assembly May 25, 2023
How they voted
31–9
Passed
Total votes 40
Aug 26, 2024
D
Democratic31
100% Yea
R
Republican9
100% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
36
Key actions
13
Committee
14
Amendments
5
Sep 28, 2024
Signed into law
Approved by the Governor.
legislature
Aug 27, 2024
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 61. Noes 13.).
lower
Aug 26, 2024
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77.
lower
Aug 26, 2024
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 9.).
upper
Aug 15, 2024
Upper · Passed
From committee: Do pass. (Ayes 5. Noes 2.) (August 15).
upper
Aug 5, 2024
Committee
In committee: Referred to APPR suspense file.
upper
Jul 2, 2024
Upper · Passed
From committee: Pursuant to Senate Rule 29.10 that the measure be re-referred to Com. on APPR pursuant to Joint Rule 10.5. (Ayes 4. Noes 1.) (July 2).
upper
Jun 24, 2024
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB S.
upper
Jun 13, 2024
Upper · Passed
From committee: Be re-referred to Com. on PUB S. pursuant to Senate Rule 29.10(b). (Ayes 5. Noes 0.) Re-referred to Com. on PUB S.
upper
Jun 13, 2024
Committee
Re-referred to Com. on RLS pursuant to Senate Rule 29.10(b).
upper
Jun 10, 2024
Upper · Passed
Read third time and amended. Ordered to second reading.
upper
Sep 1, 2023
Upper · Passed
From committee: Do pass. (Ayes 5. Noes 2.) (September 1).
upper
Aug 14, 2023
Committee
In committee: Referred to APPR suspense file.
upper
Jun 28, 2023
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 27). Re-referred to Com. on APPR.
upper
Jun 19, 2023
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB S.
upper
Jun 7, 2023
Committee
Referred to Com. on PUB S.
upper
May 25, 2023
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 57. Noes 13. Page 1806.)
lower
May 18, 2023
Lower · Passed
From committee: Do pass. (Ayes 11. Noes 4.) (May 18).
lower
Apr 26, 2023
Committee
In committee: Set, first hearing. Referred to APPR. suspense file.
lower
Mar 28, 2023
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (March 28). Re-referred to Com. on APPR.
lower
Mar 2, 2023
Committee
Referred to Com. on PUB. S.
lower
Feb 17, 2023
Lower · Passed
From printer. May be heard in committee March 19.
lower
1 primary · 1 co-sponsor
Sponsors
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