California 2011-2012 Regular Session Status: Enacted

AB 364 — Restitution: asset seizures: fraud and embezzlement.

Last action — Chaptered by Secretary of State - Chapter 182, Statutes of 2011.

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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 14, 2011. 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 5 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 enhanced penalties in the case of a person who commits 2 or more related felonies, a material element of which is fraud or embezzlement, which involve a pattern of related felony conduct, and the pattern of related felony conduct involves the taking or loss of more than $100,000, and further provides that assets or property may be preserved by the court, as specified, in order to pay restitution and fines imposed in connection with those enhanced penalties. This bill would, in addition, provide for the preservation of assets and property by the court in order to pay all restitution and fines, and would apply those preservation of assets provisions in the case of a person who commits a single felony, a material element of which is fraud or embezzlement, if that conduct involves the taking or loss of more than $100,000. By expanding the scope of restitution provisions for 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 182, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1:30 p.m.

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 1786.).

  6. Ordered to special consent calendar.

  7. Read second time. Ordered to third reading.

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

  9. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 7). Re-referred to Com. on APPR.

  10. Referred to Com. on PUB. S.

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

  12. Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 1177.)

  13. Read second time. Ordered to consent calendar.

  14. From committee: Do pass. To consent calendar. (Ayes 15. Noes 0.) (April 13).

  15. From committee: Do pass and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 7. Noes 0.) (April 5). Re-referred to Com. on APPR.

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

  17. Referred to Com. on PUB. S.

  18. From printer. May be heard in committee March 17.

  19. Read first time. To print.

Sponsors

  • Bonilla · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Bonilla

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

Special Consent #6 AB364 Bonilla By Hancock

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Republican 1000
Democratic 1001
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Hancock — Yea
Runner — Yea
Lowenthal — Yea
Blakeslee — Yea
Lieu — Yea
Liu — Yea
De León — Yea
Yee — Yea
Negrete McLeod — Yea
Rubio — Yea
Fuller — Yea
Leno — Yea
Pavley — Not Voting
Price — Yea
Alquist — Yea
Cannella — Yea
Corbett — Not Voting
Correa — Yea
Dutton — Yea
Vargas — Yea
Wright — Yea
Anderson — Yea
Harman — Yea
Hernandez — Yea
Huff — Yea
Kehoe — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Wyland — Yea
Emmerson — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 364 BONILLA Consent Calendar Second Day

Passed 73 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 69005
Democratic 2001
Republican 2000
Total 73006
% of votes cast 92%0%0%8%
How each member voted (79)
Member Party Vote
Gorell — Not Voting
Hagman — Yea
Butler — Yea
Carter — Yea
Feuer — Yea
Furutani — Yea
Garrick — Yea
Cedillo — Yea
Gordon — Yea
Halderman — Yea
Hall — Yea
Harkey — Yea
Chesbro — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hill — Yea
Fletcher — Yea
Huber — Yea
Huffman — Yea
Conway — Yea
Jeffries — Yea
Bonilla — Yea
Atkins — Yea
Alejo — Yea
Beall — Yea
Block — Yea
Cook — Yea
Davis — Yea
Dickinson — Yea
Lara — Yea
Logue — Yea
Miller — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Pan — Yea
Perea — Yea
Skinner — Yea
Smyth — Yea
Torres — Yea
Valadao — Yea
Wieckowski — Yea
Yamada — Yea
Fuentes — Not Voting
Campos — Yea
Donnelly — Yea
Achadjian — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hueso — Yea
Knight — Yea
Ma — Yea
Mansoor — Yea
Mendoza — Not Voting
Olsen — Yea
Silva — Yea
Solorio — Yea
Swanson — Yea
Wagner — Yea
Williams — Yea
Eng — Yea
Galgiani — Not Voting
Gatto — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Not Voting
Fong, Mike Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 15 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 14002
Democratic 1000
Total 15002
% of votes cast 88%0%0%12%
How each member voted (17)
Member Party Vote
Gatto — Yea
Campos — Yea
Hall — Yea
Mitchell — Yea
Hill — Yea
Blumenfield — Yea
Davis — Yea
Nielsen — Yea
Norby — Not Voting
Solorio — Yea
Bradford — Yea
Harkey — Yea
Lara — Yea
Wagner — Not Voting
Donnelly — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety finance
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Frequently asked questions

What does AB 364 do?
Existing law provides for enhanced penalties in the case of a person who commits 2 or more related felonies, a material element of which is fraud or embezzlement, which involve a pattern of related felony conduct, and the pattern of related felony conduct involves the taking or loss of more than $100,000, and further provides that assets or property may be preserved by the court, as specified, in order to pay restitution and fines imposed in connection with those enhanced penalties. This bill would, in addition, provide for the preservation of assets and property by the court in order to pay all restitution and fines, and would apply those preservation of assets provisions in the case of a person who commits a single felony, a material element of which is fraud or embezzlement, if that conduct involves the taking or loss of more than $100,000. By expanding the scope of restitution provisions for 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 AB 364?
AB 364 is sponsored by Bonilla.
What is the current status of AB 364?
This bill has been enacted into law. Introduced February 14, 2011. Enacted.
Where can I track AB 364?
Track AB 364 free on One Click Politics — get push/email alerts when it moves.

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