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

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Date Published: 04/01/2024 02:00 PM
AB2456:v98#DOCUMENT

Amended  IN  Assembly  April 01, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2456

Introduced by Assembly Member Jones-Sawyer

February 13, 2024

An act to amend Section 1377 of, and to repeal and add Section 1378 of, the Penal Code, relating to crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 2456, as amended, Jones-Sawyer. Criminal law: civil compromise.
Existing law allows for the civil compromise of a misdemeanor offense which has a remedy by a civil action if the person injured by the commission of the misdemeanor appears before the court and acknowledges that they have received satisfaction for the injury. On payment of the costs incurred, existing law allows the court to order all proceedings stayed and discharge the defendant from prosecution. Existing law prohibits civil compromise in certain cases, including, among others, crimes committed riotously, with the intent to commit a felony, or cases involving domestic violence, elder abuse, and child abuse.
This bill would extend civil compromise to be available for any felony that is not violent and that does not require registration as a sex offense, and remove the requirement that the underlying offense has a remedy by a civil action. The bill would additionally remove the prohibition on civil compromise for offenses committed riotously or with the intent to commit a felony, and for offenses involving elder abuse through theft, embezzlement, forgery, or fraud. The bill would prohibit civil compromise for any crime that results in death. The bill would require the district attorney to notify each person injured by an offense eligible for civil compromise as early as possible, and to convey to the victim any offer of civil compromise made by the defendant, as specified. By expanding the duties of local district attorneys, this bill would impose a state-mandated local program. The bill would extend civil compromise to include nonmonetary resolutions as a form of satisfaction for the injury, as specified.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

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


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. 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.
 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 their office.
(b) In violation of any court order as described in Section 273.6 or 273.65.
(c) By or upon any family or household 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.
(d) Upon an elder or dependant 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.
(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.

SEC. 4.

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

(a)Each person injured by an offense eligible for civil compromise specified in Section 1377 shall be notified of the availability of this section by the district attorney’s office as early as possible. The district attorney shall, in a timely manner, convey to a victim any offer of civil compromise made by a defendant.

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.

SEC. 5.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.