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AB-194 Victim restitution: probation: jurisdiction.(2017-2018)

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Date Published: 03/02/2017 09:00 PM
AB194:v97#DOCUMENT

Amended  IN  Assembly  March 02, 2017
Amended  IN  Assembly  February 21, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 194


Introduced by Assembly Member Patterson
(Coauthors: Assembly Members Acosta, Kiley, Lackey, Mathis, and Voepel)

January 19, 2017


An act to amend Section 1202.46 of the Penal Code, relating to victim restitution.


LEGISLATIVE COUNSEL'S DIGEST


AB 194, as amended, Patterson. Victim restitution: probation: jurisdiction.
Existing law requires a court to impose a separate and additional restitution fine in each case in which a person is convicted of a crime. If the economic losses of a victim cannot be ascertained at the time of sentencing, existing law requires a court to retain jurisdiction over a person subject to a restitution order for purposes of imposing or modifying restitution until such time as the losses may be determined. Two state appellate court decisions have held that under state law a court acts in excess of its jurisdiction by ordering restitution or modifying a restitution order after the expiration of a defendant’s probation.
This bill would expressly abrogate the holdings in those decisions by requiring the court, in cases in which probation has been granted, to retain jurisdiction over a defendant for purposes of imposing or modifying restitution for a period of 5 years following sentencing, or until the expiration of the period of time in which the defendant is a supervised person, probation or mandatory supervision, whichever is later.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 It is the intent of the Legislature to clarify the proper application of Section 1202.46 of the Penal Code and to abrogate the holdings in Hilton v. Superior Court (2014) 239 Cal.App.4th 766 and People v. Waters (2015) 241 Cal.App.4th 822.

SEC. 2.

 Section 1202.46 of the Penal Code, as amended by Section 4 of Chapter 37 of the Statutes of 2016, is amended to read:

1202.46.
 Notwithstanding Sections 1170, 1202.4, and 1203.3, or any other law, Section 1170, when restitution for the economic losses of a victim has not been ordered of or fully ascertained at the time of sentencing, the court shall, regardless of the sentence imposed, shall retain jurisdiction over a defendant for purposes of imposing or modifying restitution until such time as the losses may be determined. In cases in which probation has been granted or the defendant’s sentence includes a period of mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, the court shall retain jurisdiction over a defendant for purposes of restitution for a period five years from the date of sentencing or until the expiration of the time in which the defendant is a supervised person, as defined in paragraph (3) of subdivision (f) of Section 1203.2, probation or mandatory supervision, whichever is longer. This section does not prohibit a victim, the district attorney, or a court on its own motion from requesting correction, at any time, of a sentence when the sentence is invalid due to the omission of a restitution order or fine pursuant to Section 1202.4.