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. NotwithstandingSection 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 overa person subject to a restitution ordera defendant for purposes of imposing or modifying restitutionuntil such time as the losses may be determined. Nothing in this section shall be construed as prohibitingat 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 orfine without a finding of compelling and extraordinary reasons pursuant to Section 1202.4.fine.