California 2011-2012 Regular Session Status: Enacted

AB 898 — Crime victims: restitution: fine.

Last action — Chaptered by Secretary of State - Chapter 358, Statutes of 2011.

  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 17, 2011. Enacted.

Prognosis

Likely to advance 74% · 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.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 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 requires the court to order defendants convicted of any crime to pay a fine in the form of a penalty, as specified. Existing law additionally requires the court to order defendants to pay restitution to the victim or victims as well as a restitution fine, as specified. Existing law provides that the restitution fine shall be set at the discretion of the court and commensurate with the seriousness of the offense, but shall not be less than $200 and not more than $10,000, if the person is convicted of a felony, and not less than $100 and not more than $1,000, if the person is convicted of a misdemeanor. Existing law provides that the court shall impose the restitution fine unless it finds compelling and extraordinary reasons for not doing so, and states those reasons on the record. Existing law requires that the restitution fine be deposited in the Restitution Fund in the State Treasury, a continuously appropriated fund. This bill would make the minimum restitution fine not less than $240 starting on January 1, 2012, $280 starting on January 1, 2013, and $300 starting on January 1, 2014, if the person is convicted of a felony, and not less than $120 starting on January 1, 2012, $140 starting on January 1, 2013, and $150 starting on January 1, 2014, if the person is convicted of a misdemeanor, and make other conforming changes. By increasing the amounts deposited into the Restitution Fund, this bill would make an appropriation.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 358, Statutes of 2011.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 3010.).

  5. Assembly Rule 77 suspended. (Page 2978.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 9 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2320.).

  8. Ordered to special consent calendar.

  9. Read second time and amended. Ordered to third reading.

  10. From committee: Do pass as amended. (Ayes 9. Noes 0.) (August 25).

  11. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  12. In committee: Placed on APPR. suspense file.

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 28). Re-referred to Com. on APPR.

  14. Referred to Com. on PUB. S.

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

  16. Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1746.)

  17. Read second time. Ordered to third reading.

  18. Read second time and amended. Ordered to second reading.

  19. From committee: Do pass as amended. (Ayes 17. Noes 0.) (May 27).

  20. In committee: Set, first hearing. Referred to APPR. suspense file.

  21. Re-referred to Com. on APPR.

  22. Read second time and amended.

  23. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (May 3).

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

  25. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  26. Referred to Com. on PUB. S.

  27. From printer. May be heard in committee March 20.

  28. Read first time. To print.

Sponsors

  • Alejo · Primary
  • Cedillo · Cosponsor
  • Mitchell · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on

Sponsors (1)

  • Alejo

Co-sponsors (2)

  • Cedillo
  • Mitchell

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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 898 ALEJO Concurrence in Senate Amendments

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 75002
Republican 2000
Democratic 1000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Bonilla — Yea
Fong — Yea
Fletcher — Yea
Fuentes — Yea
Furutani — Not Voting
Galgiani — Yea
Gatto — Yea
Gordon — Yea
Gorell — Not Voting
Beall — Yea
Block — Yea
Hall — Yea
Lara — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Torres — Yea
Achadjian — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Harkey — Yea
Hayashi — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Ma — Yea
Mansoor — Yea
Miller — Yea
Silva — Yea
Smyth — Yea
Valadao — Yea
Cedillo — Yea
Chesbro — Yea
Eng — Yea
Davis — Yea
Dickinson — Yea
Butler — Yea
Carter — Yea
Garrick — Yea
Hagman — Yea
Huber — Yea
Hueso — Yea
Knight — Yea
Perea — Yea
Wagner — Yea
John A. Pérez — Yea
Mitchell — Yea
Alejo — Yea
Buchanan — Yea
Campos — Yea
Conway — Yea
Cook — Yea
Donnelly — Yea
Feuer — Yea
Halderman — Yea
Logue — Yea
Mendoza — Yea
Olsen — Yea
Pan — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Wieckowski — Yea
Williams — Yea
Atkins — Yea
Portantino — Yea
Allen — Yea
Yamada — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Special Consent #9 AB898 Alejo By Cannella

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Republican 1000
Democratic 2000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Evans — Yea
Fuller — Yea
Runner — Yea
Lowenthal — Yea
Cannella — Yea
De León — Yea
Negrete McLeod — Yea
Hancock — Yea
Rubio — Yea
Blakeslee — Yea
Correa — Yea
DeSaulnier — Yea
Harman — Yea
Huff — Yea
Lieu — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Vargas — Yea
Walters — Yea
Wolk — Yea
Corbett — Yea
Dutton — Yea
Alquist — Yea
Anderson — Yea
Hernandez — Yea
Kehoe — Yea
Leno — Yea
Simitian — Yea
Steinberg — Yea
Wright — Yea
Emmerson — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Runner — Yea
Kehoe — Yea
Alquist — Yea
Pavley — Yea
Steinberg — Yea
Walters — Yea
Lieu — Yea
Price — Yea
Emmerson — Yea

Official roll call →

Placed on Appropriations Suspense file.

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Kehoe — Yea
Runner — Yea
Price — Yea
Walters — Yea
Alquist — Yea
Lieu — Yea
Pavley — Yea
Steinberg — Yea
Emmerson — Yea

Official roll call →

AB 898 ALEJO Assembly Third Reading

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 73004
Republican 2000
Democratic 1000
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Gordon — Yea
Halderman — Yea
Butler — Yea
Fuentes — Yea
Galgiani — Yea
Fong — Yea
Gatto — Yea
Allen — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
Carter — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Hill — Yea
Hueso — Yea
Ammiano — Yea
Blumenfield — Yea
Cedillo — Yea
Chesbro — Yea
Cook — Yea
Davis — Yea
Huffman — Yea
Knight — Yea
Logue — Yea
Miller — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Pan — Yea
Perea — Yea
Skinner — Yea
Swanson — Yea
Valadao — Yea
Wagner — Yea
Williams — Yea
Bonilla — Yea
Yamada — Yea
Atkins — Yea
Campos — Yea
Garrick — Not Voting
Gorell — Not Voting
Jeffries — Not Voting
Mendoza — Yea
Beall — Yea
Block — Yea
Donnelly — Yea
Monning — Yea
Morrell — Yea
Solorio — Yea
Wieckowski — Yea
Achadjian — Yea
Alejo — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Lara — Yea
Ma — Yea
Mansoor — Yea
Olsen — Yea
Silva — Yea
Smyth — Yea
Torres — Yea
Conway — Yea
Eng — Yea
Feuer — Yea
Dickinson — Yea
Furutani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Not Voting
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Fuentes — Yea
Gatto — Yea
Campos — Yea
Hill — Yea
Davis — Yea
Donnelly — Yea
Norby — Yea
Mitchell — Yea
Hall — Yea
Solorio — Yea
Blumenfield — Yea
Bradford — Yea
Harkey — Yea
Lara — Yea
Nielsen — Yea
Wagner — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety civil-rights
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 AB 898 do?
Existing law requires the court to order defendants convicted of any crime to pay a fine in the form of a penalty, as specified. Existing law additionally requires the court to order defendants to pay restitution to the victim or victims as well as a restitution fine, as specified. Existing law provides that the restitution fine shall be set at the discretion of the court and commensurate with the seriousness of the offense, but shall not be less than $200 and not more than $10,000, if the person is convicted of a felony, and not less than $100 and not more than $1,000, if the person is convicted of a misdemeanor. Existing law provides that the court shall impose the restitution fine unless it finds compelling and extraordinary reasons for not doing so, and states those reasons on the record. Existing law requires that the restitution fine be deposited in the Restitution Fund in the State Treasury, a continuously appropriated fund. This bill would make the minimum restitution fine not less than $240 starting on January 1, 2012, $280 starting on January 1, 2013, and $300 starting on January 1, 2014, if the person is convicted of a felony, and not less than $120 starting on January 1, 2012, $140 starting on January 1, 2013, and $150 starting on January 1, 2014, if the person is convicted of a misdemeanor, and make other conforming changes. By increasing the amounts deposited into the Restitution Fund, this bill would make an appropriation.
Who sponsors AB 898?
AB 898 is sponsored by Alejo, Cedillo, and Mitchell.
What is the current status of AB 898?
This bill has been enacted into law. Introduced February 17, 2011. Enacted.
Where can I track AB 898?
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