Bill Text: CA AB2432 | 2023-2024 | Regular Session | Amended

California Assembly Bill 2432

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Corporations: criminal enhancements.

Spectrum: Partisan Bill (Democrat 25-1)

Status: (Engrossed) 2024-06-25 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 25). Re-referred to Com. on APPR. [AB2432 Detail]

Download: California-2023-AB2432-Amended.html

Amended IN Assembly March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2432

Introduced by Assembly Member Gabriel

February 13, 2024

An act to ~~amend Section 2620 of the Penal Code, relating to prisons.~~ add Section 8588.6 to the Government Code, and to add Section 1398 to the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL'S DIGEST

AB 2432, as amended, Gabriel. ~~Prisons: removal of inmates for court appearances.~~ Corporate white-collar criminal enhancement.

(1) Existing federal law, the Victims of Crime Act of 1984, creates the Crime Victims Fund and authorizes federal financial assistance to states for the purpose of supporting eligible crime victim assistance programs. Existing law creates various programs under the Office of Emergency Services related to crime prevention and education, including, among other things, programs concerning family violence prevention and domestic violence prevention.
This bill would establish the California Crime Victims Fund in the State Treasury.
(2) Existing law establishes the aggravated white-collar crime enhancement which imposes enhanced penalties against a person who commits 2 or more related felonies, a material element of which is fraud or embezzlement, that involve a pattern of related felony conduct, and the pattern of related felony conduct involves the taking or loss of more than $100,000, as specified.
If a corporation is convicted of an offense, this bill would authorize the judge to impose an additional fine, known as the corporate white-collar criminal enhancement, that does not exceed a specified amount. The bill would require that any moneys collected under this provision be deposited as they are received into the California Crime Victims Fund.
Existing law, when it is necessary to have a state prison inmate appear in court, as specified, requires an order to be issued by the superior court of the county in which the action is pending and requires the order to be made on the affidavit of the district attorney or defense attorney, stating the reason it is necessary. Under existing law, an inmate who is removed from prison pursuant to such an order shall be brought before the court by the sheriff of that county, but shall remain in the constructive custody of the prison warden.
~~This bill would make a technical, nonsubstantive change to this provision.~~

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 8588.6 is added to the Government Code, to read:

8588.6.
The California Crime Victims Fund is hereby established within the State Treasury.

SEC. 2.

Section 1398 is added to the Penal Code, to read:

1398.
(a) If a corporation is convicted of any offense under this code, the judge may impose an additional fine that does not exceed the greatest any of the following:
(1) The fine prescribed for the offense of which the corporation has been convicted.
(2) The greater of twice the gross gain or twice the gross loss.
(3) Twenty-five million dollars ($25,000,000).
(b) Any moneys collected pursuant to this section shall be deposited as they are received into the California Crime Victims Fund established under Section 8588.6 of the Government Code.
(c) This enhancement shall be known as the corporate white-collar criminal enhancement.
(d) For the purposes of this section, a “corporation” means an entity that acts as a single, fictional person that has been formed pursuant to the Corporations Code.

SECTION 1.Section 2620 of the Penal Code is amended to read:
2620.
When it is necessary to have a person imprisoned in the state prison brought before any court to be tried for a felony, or for an examination before a grand jury or magistrate preliminary to such trial, or for the purpose of hearing a motion or other proceeding, to vacate a judgment, an order for the prisoner’s temporary removal from said prison, and for the prisoner’s production before such court, grand jury or magistrate, must be made by the superior court of the county in which said action, motion, or examination is pending or by a judge thereof; such order shall be made only upon the affidavit of the district attorney or defense attorney, stating the purpose for which the person is to be brought before the court, grand jury or magistrate or upon the court’s own motion. The order shall be executed by the sheriff of the county in which it shall be made, whose duty it shall be to bring the prisoner before the proper court, grand jury or magistrate, to safely keep the prisoner, and when the prisoner’s presence is no longer required to return the prisoner to the prison from whence the prisoner was taken; the expense of executing such order shall be a proper charge against, and shall be paid by, the county in which the order shall be made.
Such order shall recite the purposes for which said person is to be brought before the court, grand jury or magistrate, and shall be signed by the judge making the order and sealed with the seal of the court. The order must be to the following effect:
~~County of ____ (as the case may be).~~
~~The people of the State of California to the warden of ____:~~
An order having been made this day by me, that A.B. be produced in the ____ court (or before the grand jury, as the case may be) to be prosecuted or examined for the crime of ____, a felony (or to have said motion heard), you are commanded to deliver the prisoner into the custody of ____ for the purpose of (recite purposes).
~~Dated this ____ day of ____, 19__.~~
When a prisoner is removed from a state prison under this section the prisoner shall remain in the constructive custody of the warden thereof. During the prisoner’s absence from the prison, the prisoner may be ordered to appear in other felony proceedings as a defendant or witness in the courts of the county from which the original order directing removal issued. A copy of the written order directing the prisoner to appear before any such court shall be forwarded by the district attorney to the warden of the prison having protective custody of the prisoner.