Bill Text: CA AB540 | 2015-2016 | Regular Session | Introduced


Bill Title: Restitution: entertainment profits.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB540 Detail]

Download: California-2015-AB540-Introduced.html
BILL NUMBER: AB 540	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Campos

                        FEBRUARY 23, 2015

   An act to add Section 1202.47 to the Penal Code, relating to
restitution.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 540, as introduced, Campos. Restitution: entertainment profits.

   Existing law requires the court to order criminal defendants to
pay restitution to the victim or victims as well as a fine. Existing
law authorizes the collection of the restitution fine and fee by the
Department of Corrections and Rehabilitation, if the person is under
the jurisdiction of the department, or the county collection program
if the person is, or was, under the county's jurisdiction. Existing
law also makes any portion of a restitution fine or restitution fee
enforceable by the California Victim Compensation and Government
Claims Board, as specified. Restitution is enforceable by the victim
as a judgment.
   This bill would require a person, organization, or company that
enters into a contract to pay a person, who has been convicted of a
crime and who is required to pay restitution, for the rights to his
or her story, information relating to the crime for use by the
company in an entertainment product, as defined, or consulting fees
for the production of an entertainment product, to notify specified
entities, including the California Victim Compensation and Government
Claims Board, of the amount to be paid.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 1202.47 is added to the Penal Code, to read:
   1202.47.  (a) A person, organization, or company that enters into
a contract to pay a person, who has been convicted of a crime and who
is required to pay restitution pursuant to Section 1202.4, for the
rights to his or her story, information relating to the crime for use
by the company in an entertainment product, or consulting fees for
the production of an entertainment product, shall notify all of the
following as to the amount contracted to be paid:
   (1) The court where the person was sentenced for the crime.
   (2) The Department of Corrections and Rehabilitation, if the
person is currently under the jurisdiction of that department by
reason of (A) being incarcerated in a state prison, a facility under
the jurisdiction of the Division of Juvenile Justice, or a state
hospital, (B) on parole, or (C) for any other reason.
   (3) The county sheriff, if the person is currently under the
jurisdiction of the county by reason of (A) being incarcerated in a
county jail, (B) on probation, postrelease community supervision, or
mandatory supervision, or (C) for any other reason.
   (4) The California Victim Compensation and Government Claims
Board.
   (5) The district attorney that prosecuted the relevant crime.
   (6) (A) The victim if his or her contact information is reasonably
available.
   (B) If the victim is deceased, his or her next of kin, if known
and if their contact information is readily available.
   (b) For purposes of this section, "entertainment product" means a
book, play, screen play, television show, movie, advertising
campaign, or other similar product that is based, in whole or in
part, on the criminal actions of the person being paid.
                                                               
feedback