California 2017-2018 Regular Session Status: Passed Assembly 2 R cosponsors

AB 194 — Victim restitution: probation: jurisdiction.

Last action — In committee: Set, first hearing. Failed passage. Reconsideration granted.

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

This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 impose a separate and additional restitution fine in each case in which a person is convicted of a crime. If the economic losses of a victim cannot be ascertained at the time of sentencing, existing law requires a court to retain jurisdiction over a person subject to a restitution order for purposes of imposing or modifying restitution until such time as the losses may be determined. Two state appellate court decisions have held that under state law a court acts in excess of its jurisdiction by ordering restitution or modifying a restitution order after the expiration of a defendant's probation. This bill would expressly abrogate the holdings in those decisions by requiring the court, in cases in which probation has been granted, to retain jurisdiction over a defendant for purposes of imposing or modifying restitution for a period of 5 years following sentencing, or until the expiration of probation or mandatory supervision, whichever is later.

Bill Text

Action History

  1. In committee: Set, first hearing. Failed passage. Reconsideration granted.

  2. Referred to Com. on PUB. S.

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

  4. Read third time. Passed. Ordered to the Senate. (Ayes 71. Noes 4. Page 1187.)

  5. Read second time. Ordered to third reading.

  6. From committee: Do pass. (Ayes 17. Noes 0.) (April 5).

  7. Re-referred to Com. on APPR.

  8. Read second time and amended.

  9. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (February 28).

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

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

  12. In committee: Hearing postponed by committee.

  13. Referred to Com. on PUB. S.

  14. From printer. May be heard in committee February 19.

  15. Read first time. To print.

Sponsors

  • Acosta · Cosponsor
  • Kiley · Cosponsor
  • Tom Lackey · Cosponsor
  • Mathis · Cosponsor
  • Voepel · Cosponsor
  • Joe Patterson · Primary

Sponsorship breakdown

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1 sponsors · 5 co-sponsors · 116 not signed on · 2 voted No

Sponsors (1)

Co-sponsors (5)

Not signed on (116)

116 members have not signed on to this bill.

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"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 194 PATTERSON Assembly Third Reading

Passed 71 Yea · 4 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 51303
Democratic 13102
Republican 7000
Total 71405
% of votes cast 89%5%0%6%
How each member voted (80)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Holden — Yea
Low — Yea
Maienschein — Yea
Mathis — Yea
Obernolte — Yea
Ridley-Thomas — Not Voting
Santiago — Yea
Voepel — Yea
Weber — Yea
Eggman — Yea
Burke — Yea
Gonzalez Fletcher — Yea
Salas — Yea
Mayes — Yea
Chau — Yea
Medina — Yea
Gray — Yea
Melendez — Yea
Bocanegra — Yea
Chu — Yea
Mullin — Yea
Nazarian — Yea
Rodriguez — Yea
Thurmond — Yea
Ting — Yea
Wood — Yea
Rubio — Yea
Friedman — Yea
Gomez — Yea
Harper — Yea
Jones-Sawyer — Yea
Kiley — Yea
Levine — Yea
Chiu — Yea
Chávez — Not Voting
Cooley — Yea
McCarty — Not Voting
O'Donnell — Yea
Quirk — Nay
Rendon — Yea
Steinorth — Yea
Waldron — Yea
Cooper — Yea
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Frazier — Yea
Gloria — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Nay
Travis Allen — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Nay
Calderon, Lisa Democratic Not Voting
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 5000
Republican 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bloom — Yea
Brough — Yea
Eggman — Yea
Friedman — Yea
Gray — Yea
Gonzalez Fletcher — Yea
Bocanegra — Yea
Bigelow — Yea
Chau — Yea
Obernolte — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Muratsuchi, Al Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 194 do?
Existing law requires a court to impose a separate and additional restitution fine in each case in which a person is convicted of a crime. If the economic losses of a victim cannot be ascertained at the time of sentencing, existing law requires a court to retain jurisdiction over a person subject to a restitution order for purposes of imposing or modifying restitution until such time as the losses may be determined. Two state appellate court decisions have held that under state law a court acts in excess of its jurisdiction by ordering restitution or modifying a restitution order after the expiration of a defendant's probation. This bill would expressly abrogate the holdings in those decisions by requiring the court, in cases in which probation has been granted, to retain jurisdiction over a defendant for purposes of imposing or modifying restitution for a period of 5 years following sentencing, or until the expiration of probation or mandatory supervision, whichever is later.
Who sponsors AB 194?
AB 194 is sponsored by Acosta, Kiley, Lackey, Tom (Republican), Mathis, Voepel, and Patterson, Joe (Republican).
What is the current status of AB 194?
This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” 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 194?
Track AB 194 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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