BILL NUMBER: AB 1847	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Furutani

                        FEBRUARY 12, 2010

   An act to amend Section 1214 of the Penal Code, relating to
criminal procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1847, as introduced, Furutani. Restitution orders.
   Under existing law, a victim restitution order or restitution fine
is enforceable as a civil judgment, and continues to be collectible
after probation and parole have terminated. Existing law requires a
defendant to prepare a disclosure of assets, income, and liabilities
as of the date of arrest for the crime for which restitution may be
ordered, and requires the disclosure be made available to the victim,
as specified.
   This bill would in addition provide that with respect to cases
charging specified offenses relating to driving under the influence
of any alcoholic beverage or drug or both, the court in its order to
pay restitution may, upon a request of the prosecuting attorney or
pursuant to its own authority, order that the prosecuting agency be
given access to information regarding the defendant's assets and
financial records, and to wage garnishment or lien procedures
applicable to the defendant, including, but not limited to, a writ of
attachment of property.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1214 of the Penal Code is amended to read:
   1214.  (a) If the judgment is for a fine, including a restitution
fine ordered pursuant to Section 1202.4, 1202.44, or 1202.45, or
Section 1203.04 as operative on or before August 2, 1995, or Section
13967 of the Government Code, as operative on or before September 28,
1994, with or without imprisonment, or a diversion restitution fee
ordered pursuant to Section 1001.90, the judgment may be enforced in
the manner provided for the enforcement of money judgments generally.
Any portion of a restitution fine or restitution fee that remains
unsatisfied after a defendant is no longer on probation or parole or
has completed diversion is enforceable by the California Victim
Compensation and Government Claims Board pursuant to this section.
Notwithstanding any other provision of law prohibiting disclosure,
the state, as defined in Section 900.6 of the Government Code, a
local public entity, as defined in Section 900.4 of the Government
Code, or any other entity, may provide the California Victim
Compensation and Government Claims Board any and all information to
assist in the collection of unpaid portions of a restitution fine for
terminated probation or parole cases, or of a restitution fee for
completed diversion cases. For purposes of the preceding sentence,
"state, as defined in Section 900.6 of the Government Code," and "any
other entity" shall not include the Franchise Tax Board.
   (b) In any case in which a defendant is ordered to pay
restitution, the order to pay restitution (1) is deemed a money
judgment if the defendant was informed of his or her right to have a
judicial determination of the amount and was provided with a hearing,
waived a hearing, or stipulated to the amount of the restitution
ordered, and (2) shall be fully enforceable by a victim as if the
restitution order were a civil judgment, and enforceable in the same
manner as is provided for the enforcement of any other money
judgment. Upon the victim's request, the court shall provide the
victim in whose favor the order of restitution is entered with a
certified copy of that order and a copy of the defendant's disclosure
pursuant to paragraph (4) of subdivision (f) of Section 1202.4,
affidavit or information pursuant to paragraph (5) of subdivision (f)
of Section 1202.4, or report pursuant to paragraph (7) of
subdivision (f) of Section 1202.4. The court also shall provide this
information to the district attorney upon request in connection with
an investigation or prosecution involving perjury or the veracity of
the information contained within the defendant's financial
disclosure. In addition, upon request, the court shall provide the
California Victim Compensation and Government Claims Board with a
certified copy of any order imposing a restitution fine or order and
a copy of the defendant's disclosure pursuant to paragraph (4) of
subdivision (f) of Section 1202.4, affidavit or information pursuant
to paragraph (5) of subdivision (f) of Section 1202.4, or report
pursuant to paragraph (7) of subdivision (f) of Section 1202.4. A
victim shall have access to all resources available under the law to
enforce the restitution order, including, but not limited to, access
to the defendant's financial records, use of wage garnishment and
lien procedures, information regarding the defendant's assets, and
the ability to apply for restitution from any fund established for
the purpose of compensating victims in civil cases. Any portion of a
restitution order that remains unsatisfied after a defendant is no
longer on probation or parole is enforceable by the victim pursuant
to this section. Victims and the California Victim Compensation and
Government Claims Board shall inform the court whenever an order to
pay restitution is satisfied. 
   (c) Notwithstanding subdivision (b) or any other provision, with
respect to cases charged under Section 191.5, subdivision (a) or (b)
of Section 23152 of the Vehicle Code, or subdivision (a) or (b) of
Section 23153 of the Vehicle Code, the court in its order to pay
restitution may, upon a request of the prosecuting attorney or
pursuant to its own authority, order that the prosecuting agency be
given access to information regarding the defendant's assets and
financial records, and authority to use wage garnishment or lien
procedures applicable to the defendant, including, but not limited
to, a writ of attachment of property.  
   (c) 
    (d)  Except as provided in subdivision  (d)
  (e)  , and notwithstanding the amount in
controversy limitation of Section 85 of the Code of Civil Procedure,
a restitution order or restitution fine that was imposed pursuant to
Section 1202.4 in any of the following cases may be enforced in the
same manner as a money judgment in a limited civil case:
   (1) In a misdemeanor case.
   (2) In a case involving violation of a city or town ordinance.
   (3) In a noncapital criminal case where the court has received a
plea of guilty or nolo contendere. 
   (d) 
    (e)  Chapter 3 (commencing with Section 683.010) of
Division 1 of Title 9 of Part 2 of the Code of Civil Procedure shall
not apply to a judgment for any fine or restitution ordered pursuant
to Section 1202.4 or Section 1203.04 as operative on or before August
2, 1995, or Section 13967 of the Government Code, as operative on or
before September 28, 1994, or to a diversion restitution fee ordered
pursuant to Section 1001.90.