Today's Law As Amended


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AB-2456 Criminal law: civil compromise.(2023-2024)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares all of the following:
(a) Civil compromises serve the interests of justice, judicial economy, fairness, and common sense, protect victims’ rights, and advance punitive, deterrent, and rehabilitative objectives. See, Tischman (1995) 35 Cal.App.4th 174, 181 People v. and Cookson (1991) 54 Cal.3d 1091, 1097.
(b) It is the intent of the Legislature to expand the scope of civil compromise so that it applies to nonviolent, non-sex offense felony charges, to clarify that the definition of “satisfaction” includes nonmonetary resolutions, and to require that persons injured by an act eligible for civil compromise be notified of its availability in cases where counsel for the defendant, or the defendant if they are unrepresented, has communicated an offer to civilly compromise the case.
(c) It is the intent of the Legislature to abrogate People v. Dimacali (2019) 32 Cal.App.5th 822, and related cases, that limit civil compromises to offenses where there is an overlapping civil remedy so that offenses such as Section 20002 of the Vehicle Code are eligible for civil compromise.

SEC. 2.

 Section 1377 of the Penal Code is amended to read:

1377.
 When the person injured by an act constituting a misdemeanor has a remedy by a civil action, the offense may be compromised,  A felony offense that is not specified in subdivision (c) of Section 667.5 and does not require registration pursuant to subdivision (c) of Section 290, or any misdemeanor offense, may be resolved through civil compromise,  as provided in Section 1378, except when it is committed as follows:
(a) By or upon an officer of justice, while in the execution of the duties of his or her  their  office.
(b) Riotously.
(c) With an intent to commit a felony.
(d) (b)  In violation of any court order as described in Section 273.6 or 273.65.
(e) (c)  By or upon any family or household member,  member of the defendant,  or upon any person when the violation involves any person described in Section 6211 of the Family Code or subdivision (b) of Section 13700 of this code.
(f) (d)  Upon an elder,  elder or dependent adult,  in violation of subdivisions (b), (c), and (f), of  Section 368 of this code or of subdivision (a) or (b) of  Section 15656 of the Welfare and Institutions Code.
(g) (e)  Upon a child, as described in Section 647.6 or 11165.6.
(f) Where the crime results in a death.

SEC. 3.

 Section 1378 of the Penal Code is repealed.

1378.
 If the person injured appears before the court in which the action is pending at any time before trial, and acknowledges that he has received satisfaction for the injury, the court may, in its discretion, on payment of the costs incurred, order all proceedings to be stayed upon the prosecution, and the defendant to be discharged therefrom; but in such case the reasons for the order must be set forth therein, and entered on the minutes. The order is a bar to another prosecution for the same offense.

SEC. 4.

 Section 1378 is added to the Penal Code, to read:

1378.
 (a) It is the intent of the Legislature that, if the defense counsel, or the defendant if they are unrepresented, communicates an offer to civilly compromise the case pursuant to Section 1377, the district attorney should, in a timely manner, convey to a victim the offer of civil compromise.
(b) If each person injured with respect to a particular offense in the action acknowledges that they have received satisfaction for the injury at any time before the trial, the court may, in its discretion, dismiss the charges in the interests of justice and give reasons on the record. A civil compromise may be granted with respect to some or all of the eligible counts charged in a case in the discretion of the court. The order granted for any offense is a bar to another prosecution for the same offense.
(c) Satisfaction for the injury may be demonstrated by payment of a specific sum of money or by other means with the agreement of the injured person, including, but not limited to, nonmonetary resolutions, including, but not limited to, community service or repairing or cleaning of property damage.