California 2017-2018 Regular Session

California Assembly Bill AB2495 Compare Versions

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Version 2 (New)

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1		-	Assembly Bill No. ~~2495 CHAPTER 264~~ An act to add Section 688.5 to the Penal Code, relating to criminal procedure. ~~[ Approved by Governor September 05, 2018. Filed with Secretary of State September 05, 2018. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 2495, Mayes. Prosecuting attorneys: charging defendants for the prosecution costs of criminal violations of local ordinances.Existing law establishes various procedures applicable to criminal prosecutions. This bill would, with exceptions, prohibit a city, county, or city and county, including an attorney acting on behalf of a city, county, or city and county, from charging a defendant for the costs of investigation, prosecution, or appeal in a criminal case, including, but not limited to, a criminal violation of a local ordinance.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 688.5 is added to the Penal Code, to read:688.5. (a) A city, county, or city and county, including an attorney acting on behalf of a city, county, or city and county, shall not charge a defendant for the costs of investigation, prosecution, or appeal in a criminal case, including, but not limited to, a criminal violation of a local ordinance. This prohibition shall not apply in any civil action or civil proceeding.(b) This section shall not apply to any of the following:(1) A violation of Section 186.8, 186.11, or 670.(2) Costs ordered by a court pursuant to paragraph (1) of subdivision (d) of Section 17062 of the Health and Safety Code.(3) A violation of Section 1871.4 of the Insurance Code.(4) A violation of Section 3700.5 of the Labor Code.(5) A violation of Section 19542.3, 19701, 19701.5, 19705, 19706, 19720, 19721, 30165.1, 30482, 38800, 46701, 46702, 46704, or 46705 of the Revenue and Taxation Code.(6) A violation of Section 2126 of the Unemployment Insurance Code.(7) A violation of any other provision of state law where recovery of the costs of investigation, prosecution, or appeal in a criminal case is specifically authorized by statute or ordered by a court. This paragraph does not apply to a local ordinance.(c) Nothing in this section shall be interpreted to affect the authority of a probation department to assess and collect fees or other charges authorized by statute.(d) For the purposes of this section, the term costs means the salary, fees, and hourly rate paid to attorneys, law enforcement, and inspectors for hours spent either investigating or enforcing the charged crime. Costs shall not include the cost, including oversight, to remediate, abate, restore, or otherwise clean-up harms caused by criminal conduct.
	1	+	Enrolled August 22, 2018 Passed IN Senate August 13, 2018 Passed IN Assembly August 20, 2018 Amended IN Senate June 28, 2018 Amended IN Senate June 07, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2495Introduced by Assembly Members Mayes and Eduardo Garcia(Coauthor: Senator Wiener)February 14, 2018 An act to add Section 688.5 to the Penal Code, relating to criminal procedure. LEGISLATIVE COUNSEL'S DIGESTAB 2495, Mayes. Prosecuting attorneys: charging defendants for the prosecution costs of criminal violations of local ordinances.Existing law establishes various procedures applicable to criminal prosecutions. This bill would, with exceptions, prohibit a city, county, or city and county, including an attorney acting on behalf of a city, county, or city and county, from charging a defendant for the costs of investigation, prosecution, or appeal in a criminal case, including, but not limited to, a criminal violation of a local ordinance.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 688.5 is added to the Penal Code, to read:688.5. (a) A city, county, or city and county, including an attorney acting on behalf of a city, county, or city and county, shall not charge a defendant for the costs of investigation, prosecution, or appeal in a criminal case, including, but not limited to, a criminal violation of a local ordinance. This prohibition shall not apply in any civil action or civil proceeding.(b) This section shall not apply to any of the following:(1) A violation of Section 186.8, 186.11, or 670.(2) Costs ordered by a court pursuant to paragraph (1) of subdivision (d) of Section 17062 of the Health and Safety Code.(3) A violation of Section 1871.4 of the Insurance Code.(4) A violation of Section 3700.5 of the Labor Code.(5) A violation of Section 19542.3, 19701, 19701.5, 19705, 19706, 19720, 19721, 30165.1, 30482, 38800, 46701, 46702, 46704, or 46705 of the Revenue and Taxation Code.(6) A violation of Section 2126 of the Unemployment Insurance Code.(7) A violation of any other provision of state law where recovery of the costs of investigation, prosecution, or appeal in a criminal case is specifically authorized by statute or ordered by a court. This paragraph does not apply to a local ordinance.(c) Nothing in this section shall be interpreted to affect the authority of a probation department to assess and collect fees or other charges authorized by statute.(d) For the purposes of this section, the term costs means the salary, fees, and hourly rate paid to attorneys, law enforcement, and inspectors for hours spent either investigating or enforcing the charged crime. Costs shall not include the cost, including oversight, to remediate, abate, restore, or otherwise clean-up harms caused by criminal conduct.
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3		-	Assembly Bill No. 2495 CHAPTER 264 An act to add Section 688.5 to the Penal Code, relating to criminal procedure. [ Approved by Governor September 05, 2018. Filed with Secretary of State September 05, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 2495, Mayes. Prosecuting attorneys: charging defendants for the prosecution costs of criminal violations of local ordinances.Existing law establishes various procedures applicable to criminal prosecutions. This bill would, with exceptions, prohibit a city, county, or city and county, including an attorney acting on behalf of a city, county, or city and county, from charging a defendant for the costs of investigation, prosecution, or appeal in a criminal case, including, but not limited to, a criminal violation of a local ordinance.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
	3	+	Enrolled August 22, 2018 Passed IN Senate August 13, 2018 Passed IN Assembly August 20, 2018 Amended IN Senate June 28, 2018 Amended IN Senate June 07, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2495Introduced by Assembly Members Mayes and Eduardo Garcia(Coauthor: Senator Wiener)February 14, 2018 An act to add Section 688.5 to the Penal Code, relating to criminal procedure. LEGISLATIVE COUNSEL'S DIGESTAB 2495, Mayes. Prosecuting attorneys: charging defendants for the prosecution costs of criminal violations of local ordinances.Existing law establishes various procedures applicable to criminal prosecutions. This bill would, with exceptions, prohibit a city, county, or city and county, including an attorney acting on behalf of a city, county, or city and county, from charging a defendant for the costs of investigation, prosecution, or appeal in a criminal case, including, but not limited to, a criminal violation of a local ordinance.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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	5	+	Enrolled August 22, 2018 Passed IN Senate August 13, 2018 Passed IN Assembly August 20, 2018 Amended IN Senate June 28, 2018 Amended IN Senate June 07, 2018
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	7	+	Enrolled August 22, 2018
	8	+	Passed IN Senate August 13, 2018
	9	+	Passed IN Assembly August 20, 2018
	10	+	Amended IN Senate June 28, 2018
	11	+	Amended IN Senate June 07, 2018
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	13	+	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
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5	15		Assembly Bill No. 2495
6		-	CHAPTER 264
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	17	+	Introduced by Assembly Members Mayes and Eduardo Garcia(Coauthor: Senator Wiener)February 14, 2018
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	19	+	Introduced by Assembly Members Mayes and Eduardo Garcia(Coauthor: Senator Wiener)
	20	+	February 14, 2018
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8	22		An act to add Section 688.5 to the Penal Code, relating to criminal procedure.
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10		-	[ Approved by Governor September 05, 2018. Filed with Secretary of State September 05, 2018. ]
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12	24		LEGISLATIVE COUNSEL'S DIGEST
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14	26		## LEGISLATIVE COUNSEL'S DIGEST
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16	28		AB 2495, Mayes. Prosecuting attorneys: charging defendants for the prosecution costs of criminal violations of local ordinances.
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18	30		Existing law establishes various procedures applicable to criminal prosecutions. This bill would, with exceptions, prohibit a city, county, or city and county, including an attorney acting on behalf of a city, county, or city and county, from charging a defendant for the costs of investigation, prosecution, or appeal in a criminal case, including, but not limited to, a criminal violation of a local ordinance.
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20	32		Existing law establishes various procedures applicable to criminal prosecutions.
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22	34		This bill would, with exceptions, prohibit a city, county, or city and county, including an attorney acting on behalf of a city, county, or city and county, from charging a defendant for the costs of investigation, prosecution, or appeal in a criminal case, including, but not limited to, a criminal violation of a local ordinance.
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24	36		## Digest Key
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26	38		## Bill Text
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28	40		The people of the State of California do enact as follows:SECTION 1. Section 688.5 is added to the Penal Code, to read:688.5. (a) A city, county, or city and county, including an attorney acting on behalf of a city, county, or city and county, shall not charge a defendant for the costs of investigation, prosecution, or appeal in a criminal case, including, but not limited to, a criminal violation of a local ordinance. This prohibition shall not apply in any civil action or civil proceeding.(b) This section shall not apply to any of the following:(1) A violation of Section 186.8, 186.11, or 670.(2) Costs ordered by a court pursuant to paragraph (1) of subdivision (d) of Section 17062 of the Health and Safety Code.(3) A violation of Section 1871.4 of the Insurance Code.(4) A violation of Section 3700.5 of the Labor Code.(5) A violation of Section 19542.3, 19701, 19701.5, 19705, 19706, 19720, 19721, 30165.1, 30482, 38800, 46701, 46702, 46704, or 46705 of the Revenue and Taxation Code.(6) A violation of Section 2126 of the Unemployment Insurance Code.(7) A violation of any other provision of state law where recovery of the costs of investigation, prosecution, or appeal in a criminal case is specifically authorized by statute or ordered by a court. This paragraph does not apply to a local ordinance.(c) Nothing in this section shall be interpreted to affect the authority of a probation department to assess and collect fees or other charges authorized by statute.(d) For the purposes of this section, the term costs means the salary, fees, and hourly rate paid to attorneys, law enforcement, and inspectors for hours spent either investigating or enforcing the charged crime. Costs shall not include the cost, including oversight, to remediate, abate, restore, or otherwise clean-up harms caused by criminal conduct.
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30	42		The people of the State of California do enact as follows:
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32	44		## The people of the State of California do enact as follows:
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34	46		SECTION 1. Section 688.5 is added to the Penal Code, to read:688.5. (a) A city, county, or city and county, including an attorney acting on behalf of a city, county, or city and county, shall not charge a defendant for the costs of investigation, prosecution, or appeal in a criminal case, including, but not limited to, a criminal violation of a local ordinance. This prohibition shall not apply in any civil action or civil proceeding.(b) This section shall not apply to any of the following:(1) A violation of Section 186.8, 186.11, or 670.(2) Costs ordered by a court pursuant to paragraph (1) of subdivision (d) of Section 17062 of the Health and Safety Code.(3) A violation of Section 1871.4 of the Insurance Code.(4) A violation of Section 3700.5 of the Labor Code.(5) A violation of Section 19542.3, 19701, 19701.5, 19705, 19706, 19720, 19721, 30165.1, 30482, 38800, 46701, 46702, 46704, or 46705 of the Revenue and Taxation Code.(6) A violation of Section 2126 of the Unemployment Insurance Code.(7) A violation of any other provision of state law where recovery of the costs of investigation, prosecution, or appeal in a criminal case is specifically authorized by statute or ordered by a court. This paragraph does not apply to a local ordinance.(c) Nothing in this section shall be interpreted to affect the authority of a probation department to assess and collect fees or other charges authorized by statute.(d) For the purposes of this section, the term costs means the salary, fees, and hourly rate paid to attorneys, law enforcement, and inspectors for hours spent either investigating or enforcing the charged crime. Costs shall not include the cost, including oversight, to remediate, abate, restore, or otherwise clean-up harms caused by criminal conduct.
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36	48		SECTION 1. Section 688.5 is added to the Penal Code, to read:
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38	50		### SECTION 1.
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40	52		688.5. (a) A city, county, or city and county, including an attorney acting on behalf of a city, county, or city and county, shall not charge a defendant for the costs of investigation, prosecution, or appeal in a criminal case, including, but not limited to, a criminal violation of a local ordinance. This prohibition shall not apply in any civil action or civil proceeding.(b) This section shall not apply to any of the following:(1) A violation of Section 186.8, 186.11, or 670.(2) Costs ordered by a court pursuant to paragraph (1) of subdivision (d) of Section 17062 of the Health and Safety Code.(3) A violation of Section 1871.4 of the Insurance Code.(4) A violation of Section 3700.5 of the Labor Code.(5) A violation of Section 19542.3, 19701, 19701.5, 19705, 19706, 19720, 19721, 30165.1, 30482, 38800, 46701, 46702, 46704, or 46705 of the Revenue and Taxation Code.(6) A violation of Section 2126 of the Unemployment Insurance Code.(7) A violation of any other provision of state law where recovery of the costs of investigation, prosecution, or appeal in a criminal case is specifically authorized by statute or ordered by a court. This paragraph does not apply to a local ordinance.(c) Nothing in this section shall be interpreted to affect the authority of a probation department to assess and collect fees or other charges authorized by statute.(d) For the purposes of this section, the term costs means the salary, fees, and hourly rate paid to attorneys, law enforcement, and inspectors for hours spent either investigating or enforcing the charged crime. Costs shall not include the cost, including oversight, to remediate, abate, restore, or otherwise clean-up harms caused by criminal conduct.
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42	54		688.5. (a) A city, county, or city and county, including an attorney acting on behalf of a city, county, or city and county, shall not charge a defendant for the costs of investigation, prosecution, or appeal in a criminal case, including, but not limited to, a criminal violation of a local ordinance. This prohibition shall not apply in any civil action or civil proceeding.(b) This section shall not apply to any of the following:(1) A violation of Section 186.8, 186.11, or 670.(2) Costs ordered by a court pursuant to paragraph (1) of subdivision (d) of Section 17062 of the Health and Safety Code.(3) A violation of Section 1871.4 of the Insurance Code.(4) A violation of Section 3700.5 of the Labor Code.(5) A violation of Section 19542.3, 19701, 19701.5, 19705, 19706, 19720, 19721, 30165.1, 30482, 38800, 46701, 46702, 46704, or 46705 of the Revenue and Taxation Code.(6) A violation of Section 2126 of the Unemployment Insurance Code.(7) A violation of any other provision of state law where recovery of the costs of investigation, prosecution, or appeal in a criminal case is specifically authorized by statute or ordered by a court. This paragraph does not apply to a local ordinance.(c) Nothing in this section shall be interpreted to affect the authority of a probation department to assess and collect fees or other charges authorized by statute.(d) For the purposes of this section, the term costs means the salary, fees, and hourly rate paid to attorneys, law enforcement, and inspectors for hours spent either investigating or enforcing the charged crime. Costs shall not include the cost, including oversight, to remediate, abate, restore, or otherwise clean-up harms caused by criminal conduct.
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44	56		688.5. (a) A city, county, or city and county, including an attorney acting on behalf of a city, county, or city and county, shall not charge a defendant for the costs of investigation, prosecution, or appeal in a criminal case, including, but not limited to, a criminal violation of a local ordinance. This prohibition shall not apply in any civil action or civil proceeding.(b) This section shall not apply to any of the following:(1) A violation of Section 186.8, 186.11, or 670.(2) Costs ordered by a court pursuant to paragraph (1) of subdivision (d) of Section 17062 of the Health and Safety Code.(3) A violation of Section 1871.4 of the Insurance Code.(4) A violation of Section 3700.5 of the Labor Code.(5) A violation of Section 19542.3, 19701, 19701.5, 19705, 19706, 19720, 19721, 30165.1, 30482, 38800, 46701, 46702, 46704, or 46705 of the Revenue and Taxation Code.(6) A violation of Section 2126 of the Unemployment Insurance Code.(7) A violation of any other provision of state law where recovery of the costs of investigation, prosecution, or appeal in a criminal case is specifically authorized by statute or ordered by a court. This paragraph does not apply to a local ordinance.(c) Nothing in this section shall be interpreted to affect the authority of a probation department to assess and collect fees or other charges authorized by statute.(d) For the purposes of this section, the term costs means the salary, fees, and hourly rate paid to attorneys, law enforcement, and inspectors for hours spent either investigating or enforcing the charged crime. Costs shall not include the cost, including oversight, to remediate, abate, restore, or otherwise clean-up harms caused by criminal conduct.
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48	60		688.5. (a) A city, county, or city and county, including an attorney acting on behalf of a city, county, or city and county, shall not charge a defendant for the costs of investigation, prosecution, or appeal in a criminal case, including, but not limited to, a criminal violation of a local ordinance. This prohibition shall not apply in any civil action or civil proceeding.
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50	62		(b) This section shall not apply to any of the following:
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52	64		(1) A violation of Section 186.8, 186.11, or 670.
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54	66		(2) Costs ordered by a court pursuant to paragraph (1) of subdivision (d) of Section 17062 of the Health and Safety Code.
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56	68		(3) A violation of Section 1871.4 of the Insurance Code.
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58	70		(4) A violation of Section 3700.5 of the Labor Code.
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60	72		(5) A violation of Section 19542.3, 19701, 19701.5, 19705, 19706, 19720, 19721, 30165.1, 30482, 38800, 46701, 46702, 46704, or 46705 of the Revenue and Taxation Code.
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62	74		(6) A violation of Section 2126 of the Unemployment Insurance Code.
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64	76		(7) A violation of any other provision of state law where recovery of the costs of investigation, prosecution, or appeal in a criminal case is specifically authorized by statute or ordered by a court. This paragraph does not apply to a local ordinance.
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66	78		(c) Nothing in this section shall be interpreted to affect the authority of a probation department to assess and collect fees or other charges authorized by statute.
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68	80		(d) For the purposes of this section, the term costs means the salary, fees, and hourly rate paid to attorneys, law enforcement, and inspectors for hours spent either investigating or enforcing the charged crime. Costs shall not include the cost, including oversight, to remediate, abate, restore, or otherwise clean-up harms caused by criminal conduct.