California 2015-2016 Regular Session Status: Enacted

SB 614 — Criminal procedure: legal assistance: ability to pay.

Last action — Chaptered by Secretary of State. Chapter 534, Statutes of 2016.

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

This bill has been enacted into law. Introduced February 27, 2015. 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 10 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 a court to assign counsel to defend a defendant if the defendant desires the assistance of counsel and cannot afford to pay for counsel. Upon conclusion of the proceedings against the defendant, or withdrawal of counsel, existing law authorizes the court to make a determination of the ability of a defendant to pay all or a portion of his or her defense. Existing law authorizes the court to order a defendant to reimburse the county for those costs. Existing law provides a presumption that a defendant sentenced to state prison is determined not to have a reasonably discernible future financial ability to reimburse the costs of his or her defense, except as specified. This bill would extend that presumption to a defendant sentenced to county jail for a period longer than 364 days.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 534, Statutes of 2016.

  2. Approved by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 39. Noes 0. Page 5532.) Ordered to engrossing and enrolling.

  5. From committee: That the Assembly amendments be concurred in. (Ayes 7. Noes 0. Page 5501.)

  6. Set for hearing August 29.

  7. From committee: Be re-referred to Com. on PUB. S. pursuant to Senate Rule 29.10(d). (Ayes 5. Noes 0. Page 5448.) Re-referred to Com. on PUB. S.

  8. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(d).

  9. In Senate. Concurrence in Assembly amendments pending.

  10. Read third time. Passed. (Ayes 79. Noes 0. Page 6275.) Ordered to the Senate.

  11. Read second time. Ordered to third reading.

  12. From committee: Do pass. (Ayes 6. Noes 0.) (August 23).

  13. Re-referred to Com. on PUB. S. pursuant to Assembly Rule 77.2.

  14. Ordered to third reading.

  15. Read third time and amended.

  16. Ordered to third reading.

  17. From inactive file.

  18. Notice of intention to remove from inactive file given by Assembly Member Cooper.

  19. Ordered to inactive file on request of Assembly Member Cristina Garcia.

  20. Read second time. Ordered to third reading.

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

  22. From committee: Do pass as amended. (Ayes 12. Noes 0.) (August 27).

  23. Joint Rule 62(a) suspended.

  24. August 26 set for first hearing. Placed on APPR. suspense file.

  25. Read second time and amended. Re-referred to Com. on APPR.

  26. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 18. Noes 0.) (July 14).

  27. From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.

  28. Referred to Com. on HEALTH.

  29. In Assembly. Read first time. Held at Desk.

  30. Read third time. Passed. (Ayes 40. Noes 0. Page 1191.) Ordered to the Assembly.

  31. Read second time. Ordered to third reading.

  32. From committee: Do pass. (Ayes 7. Noes 0. Page 1157.) (May 28).

  33. Set for hearing May 28.

  34. April 27 hearing: Placed on APPR. suspense file.

  35. Set for hearing April 27.

  36. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0. Page 651.) (April 15). Re-referred to Com. on APPR.

  37. From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.

  38. Set for hearing April 15.

  39. Referred to Com. on HEALTH.

  40. Read first time.

  41. From printer. May be acted upon on or after April 1.

  42. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Hertzberg · Primary
  • Leno · Cosponsor
  • Mayes · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Hertzberg

Co-sponsors (2)

  • Leno
  • Mayes

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

Unfinished Business SB614 Hertzberg Concurrence

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 36000
Democratic 3000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Anderson — Yea
Monning — Yea
Pan — Yea
Vidak — Yea
Wieckowski — Yea
Cannella — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Galgiani — Yea
Glazer — Yea
Hall — Yea
Hancock — Yea
Hernandez — Yea
Hertzberg — Yea
Hill — Yea
Bates — Yea
Beall — Yea
Block — Yea
Hueso — Yea
Huff — Yea
Lara — Yea
Leno — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Pavley — Yea
Roth — Yea
Wolk — Yea
Fuller — Yea
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 →

SB 614 Hertzberg Senate Third Reading By MAYES

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 69001
Democratic 5000
Republican 5000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Brough — Yea
Low — Yea
Mathis — Yea
Melendez — Yea
O'Donnell — Yea
Quirk — Yea
Santiago — Yea
Ting — Yea
Wilk — Yea
Williams — Yea
Chau — Yea
Eggman — Yea
Chávez — Yea
Cooper — Yea
Daly — Yea
Frazier — Yea
Chu — Yea
Salas — Yea
Brown — Yea
Linder — Yea
Mayes — Yea
Olsen — Yea
Rodriguez — Yea
Weber — Yea
Burke — Not Voting
Gatto — Yea
Gomez — Yea
Harper — Yea
Holden — Yea
Gray — Yea
Jones-Sawyer — Yea
Kim — Yea
Atkins — Yea
Campos — Yea
Bonilla — Yea
Levine — Yea
Lopez — Yea
Maienschein — Yea
McCarty — Yea
Medina — Yea
Mullin — Yea
Baker — Yea
Bigelow — Yea
Chang — Yea
Chiu — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Nazarian — Yea
Obernolte — Yea
Rendon — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Thurmond — Yea
Wagner — Yea
Waldron — Yea
Wood — Yea
Gordon — Yea
Hadley — 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 →

Do pass.

Passed 6 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 5000
Total 6000
% of votes cast 100%0%0%0%
How each member voted (6)
Member Party Vote
Quirk — Yea
Santiago — Yea
Lopez — Yea
Jones-Sawyer — Yea
Melendez — Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass as amended.

Passed 12 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 10003
Democratic 2000
Republican 0002
Total 12005
% of votes cast 71%0%0%29%
How each member voted (17)
Member Party Vote
Bigelow — Not Voting
Bloom — Yea
Nazarian — Yea
Quirk — Yea
Eggman — Yea
Holden — Yea
Chang — Not Voting
Rendon — Yea
Wagner — Not Voting
Weber — Yea
Wood — Yea
Gomez — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Not Voting
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 18 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 15001
Republican 2000
Total 18001
% of votes cast 95%0%0%5%
How each member voted (19)
Member Party Vote
Maienschein — Yea
Nazarian — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Chiu — Yea
Chávez — Yea
Bonilla — Yea
Burke — Yea
Ridley-Thomas — Not Voting
Steinorth — Yea
Waldron — Yea
Wood — Yea
Gomez — Yea
Gonzalez — Yea
Roger Hernández — Yea
Bonta, Mia Democratic Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

3rd Reading

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Democratic 3000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Lara — Yea
Leyva — Yea
Liu — Yea
Morrell — Yea
Pavley — Yea
Wieckowski — Yea
Cannella — Yea
Glazer — Yea
Hernandez — Yea
Hill — Yea
Leno — Yea
Mendoza — Yea
Moorlach — Yea
Nielsen — Yea
Pan — Yea
Allen — Yea
Wolk — Yea
Mitchell — Yea
De León — Yea
Runner — Yea
Anderson — Yea
Hertzberg — Yea
Monning — Yea
Roth — Yea
Bates — Yea
Block — Yea
Hancock — Yea
Hueso — Yea
Huff — Yea
Vidak — Yea
Beall — Yea
Fuller — Yea
Galgiani — Yea
Hall — Yea
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 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Beall — Yea
Lara — Yea
Hill — Yea
Leyva — Yea
Bates — Yea
Mendoza — Yea
Nielsen — Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Beall — Yea
Hill — Yea
Mendoza — Yea
Nielsen — Yea
Lara — Yea
Leyva — 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 SB 614 do?
Existing law requires a court to assign counsel to defend a defendant if the defendant desires the assistance of counsel and cannot afford to pay for counsel. Upon conclusion of the proceedings against the defendant, or withdrawal of counsel, existing law authorizes the court to make a determination of the ability of a defendant to pay all or a portion of his or her defense. Existing law authorizes the court to order a defendant to reimburse the county for those costs. Existing law provides a presumption that a defendant sentenced to state prison is determined not to have a reasonably discernible future financial ability to reimburse the costs of his or her defense, except as specified. This bill would extend that presumption to a defendant sentenced to county jail for a period longer than 364 days.
Who sponsors SB 614?
SB 614 is sponsored by Hertzberg, Leno, and Mayes.
What is the current status of SB 614?
This bill has been enacted into law. Introduced February 27, 2015. Enacted.
Where can I track SB 614?
Track SB 614 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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