California 2015-2016 Regular Session Status: Enacted

AB 249 — Criminal courts: appeals: fees.

Last action — Chaptered by Secretary of State - Chapter 194, Statutes of 2015.

  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 09, 2015. 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 5 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 allows an appeal to be taken by the defendant from a final judgment of conviction, except that existing law prohibits an appeal by the defendant from a judgment of conviction on the ground of an error in the calculation of presentence custody credits, unless the defendant first presents the claim in the trial court at the time of sentencing, or if the error is not discovered after sentencing, the defendant first makes a motion for correction of the record in the trial court. This bill would prohibit a defendant from taking an appeal from a judgment of conviction solely on the ground of an error in the imposition or calculation of fines, penalty assessments, surcharges, fees, or costs unless the defendant first presents the claim in the trial court at the time of sentencing, or if the error is not discovered until after sentencing, the defendant first makes a motion for correction in the trial court, which may be made informally in writing. The bill would also allow a motion for correction in the trial court regarding the calculation of presentence custody credits to be made informally in writing. The bill would provide that the trial court retains jurisdiction after a notice of appeal has been filed to correct any error in the calculation of presentence custody credits, or in the imposition or calculation of fines, penalty assessments, surcharges, fees, or costs, upon the defendant's request for correction.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 194, Statutes of 2015.

  2. Approved by the Governor.

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

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 1785.).

  6. Read second time. Ordered to third reading.

  7. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  8. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 9). Re-referred to Com. on APPR.

  9. Referred to Com. on PUB. S.

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

  11. Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1108.)

  12. Read second time. Ordered to Consent Calendar.

  13. From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (April 15).

  14. Re-referred to Com. on APPR.

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

  16. Re-referred to Com. on APPR.

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

  18. Re-referred to Com. on APPR.

  19. Read second time and amended.

  20. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (March 17).

  21. Referred to Com. on PUB. S.

  22. From printer. May be heard in committee March 12.

  23. Read first time. To print.

Sponsors

  • Obernolte · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Obernolte

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

3rd Reading AB249 Obernolte By Anderson

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Democratic 3000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Beall — Yea
Hernandez — Yea
Hill — Yea
Lara — Yea
Mendoza — Yea
Pan — Yea
Pavley — Yea
Wieckowski — Yea
Fuller — Yea
Cannella — Yea
Allen — Yea
Galgiani — Yea
Mitchell — Yea
De León — Yea
Glazer — Yea
Hall — Yea
Runner — Not Voting
Hancock — Yea
Bates — Yea
Block — Yea
Hertzberg — Yea
Hueso — Yea
Huff — Yea
Leno — Yea
Leyva — Yea
Liu — Yea
Monning — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Roth — Yea
Vidak — Yea
Wolk — 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 →

AB 249 OBERNOLTE Consent Calendar Second Day

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 68002
Democratic 4000
Republican 6000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Kim — Yea
Low — Yea
Mathis — Yea
Nazarian — Yea
Obernolte — Yea
Perea — Yea
Quirk — Yea
Rodriguez — Yea
Thurmond — Yea
Ting — Yea
Wagner — Yea
Weber — Yea
Williams — Yea
Wood — Yea
Eggman — Yea
Cooley — Yea
Cooper — Yea
Burke — Yea
Chang — Yea
Gatto — Yea
Gomez — Yea
Gordon — Yea
Chau — Yea
Harper — Yea
Chiu — Yea
Jones-Sawyer — Yea
Levine — Yea
Linder — Yea
Gray — Yea
Mayes — Yea
Atkins — Yea
Baker — Yea
Bigelow — Yea
Chu — Yea
Chávez — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
McCarty — Yea
Melendez — Yea
O'Donnell — Yea
Olsen — Yea
Rendon — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Waldron — Yea
Wilk — Yea
Campos — Not Voting
Bonilla — Yea
Lopez — Yea
Salas — Not Voting
Hadley — Yea
Holden — Yea
Maienschein — Yea
Medina — Yea
Mullin — Yea
Santiago — Yea
Frazier — Yea
Gonzalez — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — 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
Patterson, Joe Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12001
Democratic 2000
Republican 2000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Holden — Yea
Rendon — Yea
Weber — Yea
Wood — Yea
Eggman — Yea
Bonilla — Not Voting
Chang — Yea
Daly — Yea
Quirk — Yea
Wagner — Yea
Gomez — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety
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 249 do?
Existing law allows an appeal to be taken by the defendant from a final judgment of conviction, except that existing law prohibits an appeal by the defendant from a judgment of conviction on the ground of an error in the calculation of presentence custody credits, unless the defendant first presents the claim in the trial court at the time of sentencing, or if the error is not discovered after sentencing, the defendant first makes a motion for correction of the record in the trial court. This bill would prohibit a defendant from taking an appeal from a judgment of conviction solely on the ground of an error in the imposition or calculation of fines, penalty assessments, surcharges, fees, or costs unless the defendant first presents the claim in the trial court at the time of sentencing, or if the error is not discovered until after sentencing, the defendant first makes a motion for correction in the trial court, which may be made informally in writing. The bill would also allow a motion for correction in the trial court regarding the calculation of presentence custody credits to be made informally in writing. The bill would provide that the trial court retains jurisdiction after a notice of appeal has been filed to correct any error in the calculation of presentence custody credits, or in the imposition or calculation of fines, penalty assessments, surcharges, fees, or costs, upon the defendant's request for correction.
Who sponsors AB 249?
AB 249 is sponsored by Obernolte.
What is the current status of AB 249?
This bill has been enacted into law. Introduced February 09, 2015. Enacted.
Where can I track AB 249?
Track AB 249 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 2 months ago · updated continuously

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