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HR-51 (2023-2024)

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CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

House Resolution
No. 51


Introduced by Assembly Member Essayli

July 13, 2023


Relative to Assembly Rule 120.


LEGISLATIVE COUNSEL'S DIGEST


HR 51, as introduced, Essayli.

Resolved by the Assembly of the State of California, That Rule 120 of the Standing Rules of the Assembly for the 2023–24 Regular Session is amended to read:
Compensation and Expenses of Member Convicted of Felony or Driving Under the Influence
120.   If a Member of the Assembly is convicted of a felony by a superior court, the Member’s right to further compensation or expenses is thereupon suspended, and the Member’s membership on any committee is thereupon suspended. If the conviction becomes final, the right of the Member to further compensation or expenses shall terminate and any compensation or expenses withheld shall be forfeited to the state. If the conviction is reversed by an appellate court or a motion for a new trial is granted, and the Member is thereafter found not guilty or the charges against the Member are dismissed, the amounts of the withheld compensation or expenses shall be paid to the Member and the suspension of the Member’s committee membership shall terminate.
Whenever a Member is convicted of a felony in the superior court, the Committee on Rules shall give written notice thereof to the Controller, directing the Controller to discontinue any further payments to the Member unless and until the Committee on Rules notifies the Controller that the Member has been found not guilty or that the charges against the Member are dismissed. The Controller may not draw any warrant payable to that Member except as provided in this rule.
If a Member of the Assembly is arrested and charged with a violation of Section 23152 or Section 23153 of the Vehicle Code, the Member’s authorization to operate an Assembly pool vehicle is thereupon suspended. If the Member is convicted of such a violation by a superior court, or previously has been convicted, the Member is prohibited from operating an Assembly pool vehicle for a period of three years from the time of conviction. If the conviction is reversed by an appellate court or a motion for a new trial is granted, and the Member is thereafter found not guilty, or the charges against the Member are dismissed, the Member’s authorization to operate an Assembly pool vehicle may be restored by the Speaker.