Criminal penalties: nonpayment of fines.
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AB 2839 — Criminal penalties: nonpayment of fines.
Last action — Chaptered by Secretary of State - Chapter 769, Statutes of 2016.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 19, 2016. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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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
- Chaptered 09/28/16 - Chaptered Current pdf September 28, 2016
- Enrolled 08/22/16 - Enrolled pdf August 22, 2016
- Amended 04/13/16 - Amended Assembly pdf April 13, 2016
- Amended 03/17/16 - Amended Assembly pdf March 17, 2016
- Introduced 02/19/16 - Introduced pdf February 19, 2016
- AB2839 View text html
Action History
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Chaptered by Secretary of State - Chapter 769, Statutes of 2016.
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Approved by the Governor.
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Enrolled and presented to the Governor at 5 p.m.
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In Assembly. Ordered to Engrossing and Enrolling.
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Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 5161.).
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 7. Noes 0.) (August 11).
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In committee: Referred to APPR. suspense file.
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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.
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Referred to Com. on PUB. S.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 4790.)
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Read second time. Ordered to Consent Calendar.
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From committee: Do pass. To Consent Calendar. (Ayes 20. Noes 0.) (May 4).
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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.
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Re-referred to Com. on PUB. S.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
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In committee: Hearing postponed by committee.
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Re-referred to Com. on PUB. S.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
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Referred to Com. on PUB. S.
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Read first time.
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From printer. May be heard in committee March 22.
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Introduced. To print.
Sponsors
- Thurmond · Primary
Sponsorship breakdown
Export CSV (upgrade) →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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 33 | 0 | 0 | 3 |
| Democratic | 3 | 0 | 0 | 0 |
| Total | 36 | 0 | 0 | 3 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Liu | — | Yea |
| Glazer | — | Yea |
| Hancock | — | Yea |
| Anderson | — | Yea |
| Leno | — | Yea |
| Monning | — | Yea |
| Mark Stone | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 68 | 0 | 0 | 2 |
| Democratic | 5 | 0 | 0 | 0 |
| Republican | 5 | 0 | 0 | 0 |
| Total | 78 | 0 | 0 | 2 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 16 | 0 | 0 | 0 |
| Democratic | 2 | 0 | 0 | 0 |
| Republican | 2 | 0 | 0 | 0 |
| Total | 20 | 0 | 0 | 0 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Jones-Sawyer | — | Yea |
| Low | — | Yea |
| Lopez | — | Yea |
| Melendez | — | Yea |
| Quirk | — | Yea |
| Santiago | — | Yea |
| Lackey, Tom | Republican | Yea |
Subjects
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?
- Track AB 2839 free on One Click Politics — get push/email alerts when it moves.
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