Criminal procedure: trial counsel: defendant: inability to pay.
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AB 447 — Criminal procedure: trial counsel: defendant: inability to pay.
Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2009-2010 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 requires a court to assign counsel to a defendant if the defendant desires the assistance of counsel and cannot afford to pay for counsel. Under existing law, the court is authorized to require a person requesting counsel to fill out a form, under penalty of perjury, or hold a hearing at various points in the criminal proceeding to determine whether the defendant has the ability to pay for assigned counsel, as specified. This bill would, instead, require the court to have the person fill out the form. This bill would also require the court to hold a hearing to determine whether a defendant has the ability to pay for assigned counsel, as specified. Because this bill would expand the application of a crime, it would impose a state-mandated local program. Existing law authorizes a court to order the parent or guardian of a minor in a criminal proceeding to pay for any public representation to the extent that the court determines that the parent or guardian can pay that expense. This bill would require the court to order that payment to the extent the parent or guardian can pay for it. 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
What changed in the latest version
1 added · 1 removed1 line(s) added, 1 removed.
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- Introduced 02/24/09 - Introduced Current pdf February 24, 2009
- AB447 View text html
Action History
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From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
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Died pursuant to Art. IV, Sec. 10(c) of the Constitution.
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In committee: Set, first hearing. Hearing canceled at the request of author.
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Referred to Com. on PUB. S.
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From printer. May be heard in committee March 27.
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Read first time. To print.
Sponsors
- Nestande · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Nestande
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.
Subjects
Frequently asked questions
- What does AB 447 do?
- Existing law requires a court to assign counsel to a defendant if the defendant desires the assistance of counsel and cannot afford to pay for counsel. Under existing law, the court is authorized to require a person requesting counsel to fill out a form, under penalty of perjury, or hold a hearing at various points in the criminal proceeding to determine whether the defendant has the ability to pay for assigned counsel, as specified. This bill would, instead, require the court to have the person fill out the form. This bill would also require the court to hold a hearing to determine whether a defendant has the ability to pay for assigned counsel, as specified. Because this bill would expand the application of a crime, it would impose a state-mandated local program. Existing law authorizes a court to order the parent or guardian of a minor in a criminal proceeding to pay for any public representation to the extent that the court determines that the parent or guardian can pay that expense. This bill would require the court to order that payment to the extent the parent or guardian can pay for it. 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 AB 447?
- AB 447 is sponsored by Nestande.
- What is the current status of AB 447?
- This bill died with 2009-2010 Regular Session. It reached “In Committee” 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 AB 447?
- Track AB 447 free on One Click Politics — get push/email alerts when it moves.
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