California 2009-2010 Regular Session Status: To Executive

SB 239 — Mortgage fraud.

Last action — Chaptered by Secretary of State. Chapter 174, Statutes of 2009.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law provides that a person, other than the loan applicant, who makes false financial statements in connection with an application for a loan to be secured by real property is guilty of a misdemeanor, punishable by a fine not exceeding $10,000, by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment; and by restitution to the victim, as specified. This bill would delete this provision and provide instead for the offense of mortgage fraud, as defined, a violation of which would be a public offense punishable by imprisonment in the state prison or in a county jail for not more than one year. The bill would provide that mortgage fraud may only be prosecuted when the value of the alleged fraud meets the threshold for grand theft, as specified. The bill would set forth legislative findings, declarations, and intent with respect to its enactment. By revising existing crimes and creating new crimes, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 174, Statutes of 2009.

  2. Approved by Governor.

  3. Enrolled. To Governor at 11 a.m.

  4. Ordered held in Engrossing and Enrolling.

  5. Returned by the Governor at the request of the Senate.

  6. Enrolled. To Governor at 1 p.m.

  7. In Senate. To enrollment.

  8. Read third time. Passed. (Ayes 76. Noes 0. Page 2613.) To Senate.

  9. From Consent Calendar to third reading.

  10. Read second time. To Consent Calendar.

  11. (Heard in committee on July 8.)

  12. From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.)

  13. (Heard in committee on June 23.)

  14. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 7. Noes 0.) Re-referred to Com. on APPR.

  15. To Com. on PUB. S.

  16. In Assembly. Read first time. Held at Desk.

  17. Read third time. Passed. (Ayes 39. Noes 0. Page 1011.) To Assembly.

  18. To Special Consent Calendar.

  19. Read second time. To third reading.

  20. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  21. Set for hearing May 18.

  22. Read second time. Amended. Re-referred to Com. on APPR.

  23. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 704.)

  24. Set for hearing April 28.

  25. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on PUB. S.

  26. Set, first hearing. Hearing canceled at the request of author.

  27. Set for hearing April 21.

  28. To Com. on PUB. S.

  29. From print. May be acted upon on or after March 27.

  30. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Hancock · Cosponsor
  • Pavley · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Pavley

Co-sponsors (1)

  • Hancock

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SB 239 Pavley Senate Third Reading By LIEU

Passed 87 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 82003
Democratic 2001
Republican 3000
Total 87004
% of votes cast 96%0%0%4%
How each member voted (91)
Member Party Vote
Hagman — Yea
Carter — Yea
Chesbro — Yea
Eng — Yea
Evans — Yea
Feuer — Yea
Conway — Yea
Coto — Yea
Davis — Yea
Bill — Yea
Tom — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Duvall — Yea
Fletcher — Yea
Fong — Yea
Yamada — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Cook — Not Voting
Charles — Not Voting
Fuller — Yea
Furutani — Yea
Garrick — Yea
Bass — Yea
Gilmore — Yea
Hall — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Jeffries — Yea
Knight — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Ruskin — Yea
Silva — Yea
Smyth — Not Voting
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hernandez — Yea
Huffman — Yea
Krekorian — Yea
Logue — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Skinner — Yea
Torrico — Yea
Emmerson — Yea
DeVore — Yea
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 20 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 18001
Democratic 1000
Republican 1000
Total 20001
% of votes cast 95%0%0%5%
How each member voted (21)
Member Party Vote
Hall — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Duvall — Yea
Miller — Yea
Skinner — Yea
Solorio — Not Voting
Torlakson — Yea
Ammiano — Yea
Harkey — Yea
Nielsen — Yea
Coto — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Special Consent #6 SB239 Pavley

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 36000
Democratic 3000
Republican 1000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Cedillo — Yea
Cogdill — Yea
Florez — Yea
Harman — Yea
Huff — Yea
Leno — Yea
Liu — Yea
Negrete — Yea
Runner — Yea
McLeod — Yea
Oropeza — Yea
Pavley — Yea
Romero — Yea
Alquist — Yea
Ashburn — Yea
Ducheny — Yea
Dutton — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Aanestad — Yea
Benoit — Yea
Hollingsworth — Yea
Kehoe — Yea
Maldonado — Yea
Wiggins — Yea
Wright — Yea
Corbett — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

public-safety finance housing
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 239 do?
Existing law provides that a person, other than the loan applicant, who makes false financial statements in connection with an application for a loan to be secured by real property is guilty of a misdemeanor, punishable by a fine not exceeding $10,000, by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment; and by restitution to the victim, as specified. This bill would delete this provision and provide instead for the offense of mortgage fraud, as defined, a violation of which would be a public offense punishable by imprisonment in the state prison or in a county jail for not more than one year. The bill would provide that mortgage fraud may only be prosecuted when the value of the alleged fraud meets the threshold for grand theft, as specified. The bill would set forth legislative findings, declarations, and intent with respect to its enactment. By revising existing crimes and creating new crimes, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors SB 239?
SB 239 is sponsored by Hancock and Pavley.
What is the current status of SB 239?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 239?
Track SB 239 free on One Click Politics — get push/email alerts when it moves.

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