California 2015-2016 Regular Session Status: Enacted

AB 2839 — Criminal penalties: nonpayment of fines.

Last action — Chaptered by Secretary of State - Chapter 769, Statutes of 2016.

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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 19, 2016. 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 7 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 permits a judgment against a criminal defendant that orders the defendant to pay a fine, other than a restitution fine or order, to also direct that he or she be imprisoned until the fine is satisfied. Existing law requires the judgment to specify the term of imprisonment for nonpayment of the fine, and prohibits that term from exceeding one day for each $125 of the fine, or exceeding the term for which the defendant may be sentenced for the offense of which he or she has been convicted. This bill would prohibit the term of imprisonment for nonpayment of a fine from exceeding one day for each $125 of the base fine or the term for which the defendant may be sentenced. The bill would require the penalties and assessments imposed on the base fine, if an amount of the base fine is not satisfied by jail credits or community service, to be reduced by the percentage of the base fine that was satisfied. Existing law also requires that in all felony and misdemeanor convictions, when the defendant has been in custody, that all days of custody of the defendant, as specified, are to be credited upon his or her term of imprisonment, or credited to any fine, on a proportional basis, that may be imposed, at the rate of not less than $125 per day, in the discretion of the court imposing the sentence. This bill would specify that the rate of credit under those provisions be credited to the term of imprisonment of the defendant or credited to the base fine that may be imposed. The bill would require the penalties and assessments imposed on the base fine, if an amount of the base fine is not satisfied by jail credits or community service, to be reduced by the percentage of the base fine that was satisfied.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 769, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 5 p.m.

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 5161.).

  6. Read second time. Ordered to third reading.

  7. From committee: Do pass. (Ayes 7. Noes 0.) (August 11).

  8. In committee: Referred to APPR. suspense file.

  9. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 28). 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 78. Noes 0. Page 4790.)

  13. Read second time. Ordered to Consent Calendar.

  14. From committee: Do pass. To Consent Calendar. (Ayes 20. Noes 0.) (May 4).

  15. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 19). Re-referred to Com. on APPR.

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

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

  18. In committee: Hearing postponed by committee.

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

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

  21. Referred to Com. on PUB. S.

  22. Read first time.

  23. From printer. May be heard in committee March 22.

  24. Introduced. To print.

Sponsors

  • Thurmond · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Thurmond

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

Passed 36 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 33003
Democratic 3000
Total 36003
% of votes cast 92%0%0%8%
How each member voted (39)
Member Party Vote
Bates — Yea
Block — Yea
Hill — Yea
Mendoza — Yea
Morrell — Yea
Nielsen — Yea
Pan — Yea
Roth — Yea
Wieckowski — Yea
Fuller — Yea
Galgiani — Yea
Glazer — Yea
Hall — Yea
Hernandez — Yea
Hertzberg — Yea
Cannella — Yea
Lara — Yea
Allen — Yea
Leno — Yea
Mitchell — Yea
De León — Yea
Anderson — Yea
Monning — Yea
Moorlach — Yea
Pavley — Yea
Wolk — Yea
Hueso — Not Voting
Beall — Yea
Huff — Yea
Leyva — Yea
Liu — Not Voting
Vidak — Yea
Hancock — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Do pass

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Hill — Yea
Mendoza — Yea
Beall — Yea
Lara — Yea
Nielsen — Yea
McGuire, Mike Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Lara — Yea
Mendoza — Yea
Hill — Yea
Bates — Yea
Beall — Yea
Nielsen — Yea
McGuire, Mike Democratic Yea

Official roll call →

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 68002
Democratic 5000
Republican 5000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Holden — Yea
Jones-Sawyer — Not Voting
Linder — Yea
Mathis — Yea
McCarty — Yea
O'Donnell — Yea
Olsen — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Ting — Yea
Williams — Yea
Eggman — Yea
Chang — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
Salas — Yea
Gomez — Yea
Gordon — Yea
Harper — Yea
Kim — Yea
Levine — Yea
Low — Yea
Mayes — Yea
Melendez — Yea
Nazarian — Yea
Obernolte — Yea
Rendon — Yea
Rodriguez — Yea
Gray — Yea
Steinorth — Yea
Waldron — Yea
Weber — Yea
Wilk — Yea
Achadjian — Yea
Baker — Yea
Bigelow — Yea
Brough — Yea
Brown — Yea
Atkins — Yea
Campos — Yea
Bonilla — Yea
Lopez — Yea
Hadley — Yea
Maienschein — Yea
Medina — Yea
Mullin — Yea
Santiago — Yea
Wagner — Yea
Wood — Yea
Alejo — Yea
Bloom — Yea
Burke — Not Voting
Quirk — Yea
Frazier — Yea
Gatto — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Passed 20 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 2000
Republican 2000
Total 20000
% of votes cast 100%0%0%0%
How each member voted (20)
Member Party Vote
Bloom — Yea
Holden — Yea
Quirk — Yea
Santiago — Yea
Wagner — Yea
Wood — Yea
Eggman — Yea
Chang — Yea
Bonilla — Yea
McCarty — Yea
Bigelow — Yea
Daly — Yea
Obernolte — Yea
Weber — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

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 2839 do?
Existing law permits a judgment against a criminal defendant that orders the defendant to pay a fine, other than a restitution fine or order, to also direct that he or she be imprisoned until the fine is satisfied. Existing law requires the judgment to specify the term of imprisonment for nonpayment of the fine, and prohibits that term from exceeding one day for each $125 of the fine, or exceeding the term for which the defendant may be sentenced for the offense of which he or she has been convicted. This bill would prohibit the term of imprisonment for nonpayment of a fine from exceeding one day for each $125 of the base fine or the term for which the defendant may be sentenced. The bill would require the penalties and assessments imposed on the base fine, if an amount of the base fine is not satisfied by jail credits or community service, to be reduced by the percentage of the base fine that was satisfied. Existing law also requires that in all felony and misdemeanor convictions, when the defendant has been in custody, that all days of custody of the defendant, as specified, are to be credited upon his or her term of imprisonment, or credited to any fine, on a proportional basis, that may be imposed, at the rate of not less than $125 per day, in the discretion of the court imposing the sentence. This bill would specify that the rate of credit under those provisions be credited to the term of imprisonment of the defendant or credited to the base fine that may be imposed. The bill would require the penalties and assessments imposed on the base fine, if an amount of the base fine is not satisfied by jail credits or community service, to be reduced by the percentage of the base fine that was satisfied.
Who sponsors AB 2839?
AB 2839 is sponsored by Thurmond.
What is the current status of AB 2839?
This bill has been enacted into law. Introduced February 19, 2016. Enacted.
Where can I track AB 2839?
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Last checked for changes 3 months ago · updated continuously

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