Restitution: priority.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Chaptered
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill, the Restitution First Act, changes how restitution payments are handled in criminal cases. It requires that restitution orders be paid before any other fines, penalties, or fees owed by a defendant. The bill also prioritizes restitution payments over other debts, ensuring victims receive their money first. It includes several changes to the Penal Code to clarify and strengthen the process for ordering and collecting restitution.
Key provisions
- Restitution orders must be paid before other fines and fees.
- A restitution fine is required for all felony convictions and a separate fine for misdemeanors.
- The amount of restitution can include lost wages, medical expenses, and psychological harm.
- The court can consider a defendant’s inability to pay when setting restitution fines.
- The bill clarifies the definition of ‘victim’ to include family members and those who have suffered economic loss.
- It addresses restitution for corporations convicted of crimes.
- The bill makes conforming changes to existing law.
- It establishes a process for notifying the California Victim Compensation and Government Claims Board of restitution orders.
Who is affected
- Crime victims
- Defendants in criminal cases
- Courts
- The State of California
- California Victim Compensation and Government Claims Board
Bill text
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Sponsors
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1 on record
Primary sponsor
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