Restitution: diversion.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Passed
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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 modifies existing law regarding restitution in California criminal cases. It requires courts to order restitution to victims when a defendant participates in a diversion program, ensuring victims receive restitution even during these programs. The bill also prohibits indigence or mental disorder from being used to deny diversion or compliance, and establishes rules for suspending restitution orders during diversion and for determining the amount of restitution owed. It also clarifies the application of restitution fines and establishes procedures for financial disclosures.
Key provisions
- Requires courts to order restitution to victims when a defendant participates in a diversion program.
- Prohibits using indigence or mental disorder as grounds for denying diversion or failing to comply with restitution orders.
- Suspends restitution orders during diversion, to be enforced upon resolution of criminal proceedings.
- Establishes a minimum restitution fine amount based on the offense severity (e.g., $150-$10,000).
- Specifies factors to consider when determining the amount of restitution, including economic losses and intangible harms.
- Mandates a financial disclosure by the defendant detailing assets and liabilities.
- Addresses restitution for corporations convicted of crimes.
- Clarifies procedures for restitution in cases involving violations of specific sections (e.g., 350, 653h).
Who is affected
Bill text
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Sponsors
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1 on record
Primary sponsor
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