Bill Text: CA AB2477 | 2015-2016 | Regular Session | Introduced

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Bill Title: Victim restitution: jurisdiction.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Failed) 2016-04-21 - From committee: Without further action pursuant to Joint Rule 62(a). [AB2477 Detail]

Download: California-2015-AB2477-Introduced.html

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BILL NUMBER: AB 2477	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Patterson
   (Coauthors: Assembly Members Gatto and Lackey)

                        FEBRUARY 19, 2016

   An act to amend Section 1202.46 of the Penal Code, relating to
victim restitution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2477, as introduced, Patterson. Victim restitution:
jurisdiction.
   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
explanation of a defendant's probation.
   This bill would expressly abrogate the holdings in those decisions
by requiring the court to retain jurisdiction over a defendant for
purposes of imposing or modifying restitution at any time.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  It is the intent of the Legislature to clarify the
proper application of Section 1202.46 of the Penal Code and to
abrogate the holdings in Hilton v. Superior Court (2014) 239
Cal.App.4th 766 and People v. Waters (2015) 241 Cal.App.4th 822.
  SEC. 2.  Section 1202.46 of the Penal Code is amended to read:
   1202.46.  Notwithstanding  Section 1170, when the economic
losses of a victim cannot be ascertained at the time of sentencing
pursuant to subdivision (f) of Section 1202.4,  
Sections 1170, 1202.4, and 1203.3, or any other law, and regardless
of the type of sentence imposed or suspended,  the court shall
retain jurisdiction over  a person subject to a restitution
order   a defendant  for purposes of imposing or
modifying restitution  until such time as the losses may be
determined. Nothing in this section shall be construed as prohibiting
  at any time. This section does not prohibit  a
victim, the district attorney, or a court on its own motion from
requesting correction, at any time, of a sentence when the sentence
is invalid due to the omission of a restitution order or 
fine without a finding of compelling and extraordinary reasons
pursuant to Section 1202.4.   fine.