California 2019-2020 Regular Session Status: In Committee 1 D cosponsors

AB 2308 — Crimes: assessments: restitution: ability to pay.

Last action — Re-referred to Com. on PUB. S.

Track this bill free

No card. One bill, free forever — alerts when it moves.

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

This bill died with 2019-2020 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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, in addition to restitution paid to a victim of a crime, requires the court to impose a separate and additional restitution fine of $150 to $1,000 for a misdemeanor and $300 to $10,000 for a felony unless the court finds compelling and extraordinary reasons for not doing so. Existing law prohibits a court from considering a defendant's inability to pay as a compelling and extraordinary reason not to impose the restitution fine. Existing law imposes an assessment of $30 on every conviction for a misdemeanor or felony and $35 on each infraction to ensure and maintain adequate funding for court facilities. Existing law also imposes an assessment of $40 on every conviction for a criminal offense to assist in funding court operations. Existing case law holds that due process of law requires a court to conduct an ability to pay hearing and ascertain the defendant's present ability to pay before it imposes these court facilities and court operations assessments or executes a restitution fine. This bill would instead make a defendant's inability to pay a fine a compelling and extraordinary reason for a court to not impose a restitution fine upon a conviction of a misdemeanor or felony. The bill would require the court to impose the court facility and court operation assessments unless the court determines that the defendant does not have the ability to pay.

Bill Text

Action History

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

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

  3. Referred to Com. on PUB. S.

  4. From printer. May be heard in committee March 16.

  5. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

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

Subjects

public-safety finance
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 2308 do?
Existing law, in addition to restitution paid to a victim of a crime, requires the court to impose a separate and additional restitution fine of $150 to $1,000 for a misdemeanor and $300 to $10,000 for a felony unless the court finds compelling and extraordinary reasons for not doing so. Existing law prohibits a court from considering a defendant's inability to pay as a compelling and extraordinary reason not to impose the restitution fine. Existing law imposes an assessment of $30 on every conviction for a misdemeanor or felony and $35 on each infraction to ensure and maintain adequate funding for court facilities. Existing law also imposes an assessment of $40 on every conviction for a criminal offense to assist in funding court operations. Existing case law holds that due process of law requires a court to conduct an ability to pay hearing and ascertain the defendant's present ability to pay before it imposes these court facilities and court operations assessments or executes a restitution fine. This bill would instead make a defendant's inability to pay a fine a compelling and extraordinary reason for a court to not impose a restitution fine upon a conviction of a misdemeanor or felony. The bill would require the court to impose the court facility and court operation assessments unless the court determines that the defendant does not have the ability to pay.
Who sponsors AB 2308?
AB 2308 is sponsored by Carrillo, Juan (Democratic).
What is the current status of AB 2308?
This bill died with 2019-2020 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 2308?
Track AB 2308 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 2308

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 2308

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →