California 2009-2010 Regular Session Status: Enacted

AB 1847 — Restitution orders.

Last action — Chaptered by Secretary of State - Chapter 582, Statutes of 2010.

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

This bill has been enacted into law. Introduced February 12, 2010. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law provides for victim restitution orders and restitution fines, as specified. Existing law authorizes procedures for the entry and application of court orders for income deduction upon entry of an order for a restitution fine or for victim restitution, and gives the agency responsible for the collection of restitution specified powers and duties in regard to these income deduction orders. The bill would provide that if there is no agency in the county responsible for the collection of restitution, the county probation office or the prosecuting attorney may carry out the functions and duties of such an agency in regard to the income deduction orders described above, as specified. This bill would further provide, if the defendant fails to meet his or her obligations under the restitution order and the defendant has not provided good cause for the failure, that a court shall be authorized, upon the request of the prosecuting attorney, to order the prosecuting attorney be given authority to use lien procedures applicable to the defendant, including, but not limited to, a writ of attachment of property, as specified. This bill would provide prosecutorial immunity from liability for these proceedings and deny reimbursement for the costs of the prosecuting attorney from the defendant's income or assets, as specified.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 582, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 3 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 77. Noes 0. Page 6628.)

  5. Passed on file.

  6. Assembly Rule 77 suspended. (Page 6558.)

  7. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 25 pursuant to Assembly Rule 77.

  8. Read third time, passed, and to Assembly. (Ayes 32. Noes 0. Page 4770.)

  9. Read second time. To third reading.

  10. Read third time, amended. To second reading.

  11. Read second time. To third reading.

  12. From committee: Do pass. (Ayes 4. Noes 1.) (June 29).

  13. Referred to Com. on PUB. S.

  14. In Senate. Read first time. To Com. on RLS. for assignment.

  15. Read third time, passed, and to Senate. (Ayes 74. Noes 1. Page 5153.)

  16. Read second time. To third reading.

  17. Read second time and amended. Ordered returned to second reading.

  18. From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (May 4).

  19. Re-referred to Com. on PUB. S.

  20. Read second time and amended.

  21. From committee: Amend, do pass as amended, and re-refer to Com. on PUB. S. (Ayes 10. Noes 0.) (April 13).

  22. In committee: Set, first hearing. Hearing canceled at the request of author.

  23. Re-referred to Com. on JUD. by unanimous consent, and then be re-referred to Com. on PUB. S.

  24. Referred to Coms. on PUB. S. and JUD.

  25. From printer. May be heard in committee March 18.

  26. Read first time. To print.

Sponsors

  • Furutani · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Furutani

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

AB 1847 FURUTANI Concurrence in Senate Amendments

Passed 89 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 83001
Democratic 3000
Republican 3000
Total 89001
% of votes cast 99%0%0%1%
How each member voted (90)
Member Party Vote
Anderson — Yea
Carter — Yea
Chesbro — Yea
Bill — Yea
Tom — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Charles — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hill — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Beall — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Davis — Yea
DeVore — Yea
Huffman — Yea
Jeffries — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
John — Yea
A. — Yea
Perez — Yea
Norby — Not Voting
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Ammiano — Yea
Bass — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Solorio — Yea
Torlakson — Yea
Tran — Yea
Eng — Yea
Evans — Yea
Yamada — Yea
Fuller — Yea
Garrick — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Assembly 3rd Reading AB1847 Furutani By Cedillo

Passed 32 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 29008
Democratic 2000
Republican 1000
Total 32008
% of votes cast 80%0%0%20%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Not Voting
Cedillo — Yea
Hollingsworth — Yea
Ducheny — Yea
Huff — Yea
Leno — Yea
Liu — Yea
Lowenthal — Yea
Runner — Yea
Ashburn — Yea
Dutton — Yea
Pavley — Yea
Wyland — Yea
Negrete — Not Voting
Harman — Not Voting
McLeod — Not Voting
Oropeza — Not Voting
Wright — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Aanestad — Not Voting
Alquist — Yea
Blakeslee — Not Voting
Kehoe — Yea
Walters — Yea
Wiggins — Not Voting
Wolk — Yea
Cogdill — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Do pass.

Passed 4 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 4102
Total 4102
% of votes cast 57%14%0%29%
How each member voted (7)
Member Party Vote
Hancock — Not Voting
Cogdill — Not Voting
Huff — Yea
Steinberg — Yea
Wright — Yea
Leno — Nay
Cedillo — Yea

AB 1847 FURUTANI Assembly Third Reading

Passed 85 Yea · 1 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 80104
Republican 3000
Democratic 2001
Total 85105
% of votes cast 93%1%0%5%
How each member voted (91)
Member Party Vote
Hall — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Tom — Not Voting
Hagman — Not Voting
Mendoza — Yea
Monning — Yea
Nava — Yea
Nestande — Yea
Norby — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Eng — Yea
Evans — Yea
Fuller — Yea
Furutani — Yea
Charles — Yea
Garrick — Yea
Gilmore — Yea
Harkey — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Jeffries — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Ammiano — Yea
Bass — Yea
Beall — Yea
Davis — Yea
DeVore — Yea
Lieu — Yea
Adams — Yea
Anderson — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Knight — Yea
Logue — Yea
Ma — Yea
Miller — Yea
Nielsen — Yea
Skinner — Not Voting
Tran — Yea
Emmerson — Yea
Feuer — Yea
Yamada — Yea
Fuentes — Nay
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Do pass as amended.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Portantino — Yea
Hagman — Yea
Hill — Yea
Ammiano — Yea
Beall — Yea
Skinner — Yea
Gilmore — Yea

Do pass as amended and be re-referred to the Committee on Public Safety.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Hagman — Yea
Hill — Yea
Huffman — Yea
Knight — Yea
Nava — Yea
Tran — Yea
Brownley — Yea
Monning — Yea
Skinner — Yea
Feuer — Yea

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 1847 do?
Existing law provides for victim restitution orders and restitution fines, as specified. Existing law authorizes procedures for the entry and application of court orders for income deduction upon entry of an order for a restitution fine or for victim restitution, and gives the agency responsible for the collection of restitution specified powers and duties in regard to these income deduction orders. The bill would provide that if there is no agency in the county responsible for the collection of restitution, the county probation office or the prosecuting attorney may carry out the functions and duties of such an agency in regard to the income deduction orders described above, as specified. This bill would further provide, if the defendant fails to meet his or her obligations under the restitution order and the defendant has not provided good cause for the failure, that a court shall be authorized, upon the request of the prosecuting attorney, to order the prosecuting attorney be given authority to use lien procedures applicable to the defendant, including, but not limited to, a writ of attachment of property, as specified. This bill would provide prosecutorial immunity from liability for these proceedings and deny reimbursement for the costs of the prosecuting attorney from the defendant's income or assets, as specified.
Who sponsors AB 1847?
AB 1847 is sponsored by Furutani.
What is the current status of AB 1847?
This bill has been enacted into law. Introduced February 12, 2010. Enacted.
Where can I track AB 1847?
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