CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1213Introduced by Assembly Member StefaniFebruary 21, 2025 An act to amend Section 1202.42 of the Penal Code, relating to restitution. LEGISLATIVE COUNSEL'S DIGESTAB 1213, as introduced, Stefani. Restitution: priority.The California Constitution entitles the victim of a crime to restitution. Existing law requires the court in each criminal case to order a convicted defendant to pay full restitution to the victim and a separate restitution fine, as specified.This bill would make an order for restitution to have priority over any other debts, liens, or monetary judgments, and would, in cases where an individual has two or more orders for restitution, make the restitution order entered first have higher priority than additional restitution orders.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. The Legislature finds and declares both of the following:(a) Victims of crimes have a constitutional right to restitution and that the restitution be paid by the offender.(b) It is the intent of the Legislature that no other order, civil judgment, lien, or other debt owed by a criminal defendant be satisfied before the restitution is satisfied first. Accordingly, the Legislature declares that an order for restitution shall have priority over all other orders, judgments, liens, or other debts.SEC. 2. This act shall be known, and may be cited, as the Restitution First Act.SEC. 3. Section 1202.42 of the Penal Code is amended to read:1202.42. Upon entry of a restitution order under subdivision (c) of Section 13967 of the Government Code, as operative on or before September 28, 1994, paragraph (3) of subdivision (a) of Section 1202.4 of this code, or Section 1203.04 as operative on or before August 2, 1995, the following shall apply:(a) The court shall enter a separate order for income deduction upon determination of the defendants ability to pay, regardless of the probation status, in accordance with Section 1203. Determination of a defendants ability to pay may include his or her their future earning capacity. A defendant shall bear the burden of demonstrating lack of his or her their ability to pay. Express findings by the court as to the factors bearing on the amount of the fine shall not be required.(b) (1) In any case in which the court enters a separate order for income deduction under this section, the order shall be stayed until the agency in the county responsible for collection of restitution determines that the defendant has failed to meet his or her their obligation under the restitution order and the defendant has not provided the agency with good cause for the failure in accordance with paragraph (2).(2) If the agency responsible for collection of restitution receives information that the defendant has failed to meet his or her their obligation under the restitution order, the agency shall request the defendant to provide evidence indicating that timely payments have been made or provide information establishing good cause for the failure. If the defendant fails to either provide the agency with the evidence or fails to establish good cause within five days of the request, the agency shall immediately inform the defendant of that fact, and shall inform the clerk of the court in order that an income deduction order will be served pursuant to subdivision (f) following a 15-day appeal period. The defendant may apply for a hearing to contest the lifting of the stay pursuant to subdivision (f).(c) The income deduction order shall direct a payer to deduct from all income due and payable to the defendant the amount required by the court to meet the defendants obligation.(d) The income deduction order shall be effective so long as the order for restitution upon which it is based is effective or until further order of the court.(e) When the court orders the income deduction, the court shall furnish to the defendant a statement of his or her their rights, remedies, and duties in regard to the income deduction order. The statement shall state all of the following:(1) All fees or interest that will be imposed.(2) The total amount of income to be deducted for each pay period.(3) That the income deduction order applies to current and subsequent payers and periods of employment.(4) That a copy of the income deduction order will be served on the defendants payer or payers.(5) That enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of restitution owed.(6) That the defendant is required to notify the clerk of the court within seven days after changes in the defendants address, payers, and the addresses of his or her their payers.(7) That the court order will be stayed in accordance with subdivision (b) and that a hearing is available in accordance with subdivision (f).(f) (1) Upon receiving the notice described in paragraph (2) of subdivision (b), the clerk of the court or officer of the agency responsible for collection of restitution shall serve an income deduction order and the notice to payer on the defendants payer unless the defendant has applied for a hearing to contest the enforcement of the income deduction order.(2) (A) Service by or upon any person who is a party to a proceeding under this section shall be made in the manner prescribed for service upon parties in a civil action.(B) Service upon the defendants payer or successor payer under this section shall be made by prepaid certified mail, return receipt requested.(3) The defendant, within 15 days after being informed that the order staying the income deduction order will be lifted, may apply for a hearing to contest the enforcement of the income deduction order on the ground of mistake of fact regarding the amount of restitution owed or on the ground that the defendant has established good cause for the nonpayment. The timely request for a hearing shall stay the service of an income deduction order on all payers of the defendant until a hearing is held and a determination is made as to whether the enforcement of the income deduction order is proper.(4) The notice to any payer required by this subdivision shall contain only information necessary for the payer to comply with the income deduction order. The notice shall do all of the following:(A) Require the payer to deduct from the defendants income the amount specified in the income deduction order, and to pay that amount to the clerk of the court.(B) Instruct the payer to implement the income deduction order no later than the first payment date that occurs more than 14 days after the date the income deduction order was served on the payer.(C) Instruct the payer to forward, within two days after each payment date, to the clerk of the court the amount deducted from the defendants income and a statement as to whether the amount totally or partially satisfies the periodic amount specified in the income deduction order.(D) Specify that if a payer fails to deduct the proper amount from the defendants income, the payer is liable for the amount the payer should have deducted, plus costs, interest, and reasonable attorneys fees.(E) Provide that the payer may collect up to five dollars ($5) against the defendants income to reimburse the payer for administrative costs for the first income deduction and up to one dollar ($1) for each deduction thereafter.(F) State that the income deduction order and the notice to payer are binding on the payer until further notice by the court or until the payer no longer provides income to the defendant.(G) Instruct the payer that, when he or she the payer no longer provides income to the defendant, he or she they shall notify the clerk of the court and shall also provide the defendants last known address and the name and address of the defendants new payer, if known, and that, if the payer violates this provision, the payer is subject to a civil penalty not to exceed two hundred fifty dollars ($250) for the first violation or five hundred dollars ($500) for any subsequent violation.(H) State that the payer shall not discharge, refuse to employ, or take disciplinary action against the defendant because of an income deduction order and shall state that a violation of this provision subjects the payer to a civil penalty not to exceed two hundred fifty dollars ($250) for the first violation or five hundred dollars ($500) for any subsequent violation.(I) Inform the payer that when he or she the payer receives income deduction orders requiring that the income of two or more defendants be deducted and sent to the same clerk of a court, he or she they may combine the amounts that are to be paid to the depository in a single payment as long as he or she the payer identifies that portion of the payment attributable to each defendant.(J) Inform the payer that if the payer receives more than one income deduction order against the same defendant, he or she the payer shall contact the court for further instructions.(5) The clerk of the court shall enforce income deduction orders against the defendants successor payer who is located in this state in the same manner prescribed in this subdivision for the enforcement of an income deduction order against a payer.(6) A person may not discharge, refuse to employ, or take disciplinary action against an employee because of the enforcement of an income deduction order. An employer who violates this provision is subject to a civil penalty not to exceed two hundred fifty dollars ($250) for the first violation or five hundred dollars ($500) for any subsequent violation.(7) When a payer no longer provides income to a defendant, he or she the payer shall notify the clerk of the court and shall provide the defendants last known address and the name and address of the defendants new payer, if known. A payer who violates this provision is subject to a civil penalty not to exceed two hundred fifty dollars ($250) for the first violation or five hundred dollars ($500) for a subsequent violation.(g) If the defendant has failed to meet his or her their obligation under the restitution order and the defendant has not provided good cause for the failure in accordance with the process set forth in paragraph (2) of subdivision (b), the court may, upon the request of the prosecuting attorney, order that the prosecuting attorney be given authority to use lien procedures applicable to the defendant, including, but not limited to, a writ of attachment of property. This authority is in addition to any authority granted to the prosecuting attorney in subdivision (h).(1) If the court authorizes a lien or other similar encumbrance on real property pursuant to this subdivision, the court shall, within 15 days, furnish to the defendant a statement of his or her their rights, remedies, and duties in regard to the order. The statement shall state all of the following:(A) That the lien is enforceable and collectible by execution issued by order of the court, except that a lien shall not be enforced by writ of execution on a defendants principal place of residence.(B) A legal description of the property to be encumbered.(C) The total amount of restitution still owed by the defendant.(D) That enforcement of the lien order may only be contested on the ground of mistake of fact regarding the amount of restitution owed or on the ground of mistake of fact regarding the defendants ownership interest of the property to be encumbered.(E) That a hearing is available in accordance with paragraph (2).(F) That, upon paying the restitution order in full, the defendant may petition the court for a full release of any related encumbrance in accordance with paragraph (3).(2) The defendant, within 15 days after being informed that a lien or other similar encumbrance on real property has been ordered, may apply for a hearing to contest the enforcement order on the ground of mistake of fact regarding the amount of restitution owed, on the ground of mistake of fact regarding the defendants ownership interest of the property to be encumbered, or on the ground that the defendant has established good cause for the nonpayment. The timely request for a hearing shall stay any execution on the lien until a hearing is held and a determination is made as to whether the enforcement order is proper.(3) Upon payment of the restitution order in full, the defendant may petition the court to issue an order directing the clerk of the court to execute a full reconveyance of title, a certificate of discharge, or a full release of any lien against real property created to secure performance of the restitution order.(4) Neither a prosecutorial agency nor a prosecuting attorney shall be liable for an injury caused by an act or omission in exercising the authority granted by this subdivision.(h) If there is no agency in the county responsible for the collection of restitution, the county probation office or the prosecuting attorney may carry out the functions and duties of such an agency as specified in subdivisions (b) and (f).(i) A prosecuting attorney shall not make any collection against, or take any percentage of, the defendants income or assets to reimburse the prosecuting attorney for administrative costs in carrying out any action authorized by this section.(j) As used in this section, good cause for failure to meet an obligation or good cause for nonpayment means, but shall not be limited to, any of the following:(1) That there has been a substantial change in the defendants economic circumstances, such as involuntary unemployment, involuntary cost-of-living increases, or costs incurred as the result of medical circumstances or a natural disaster.(2) That the defendant reasonably believes there has been an administrative error with regard to his or her their obligation for payment.(3) Any other similar and justifiable reasons.(k) Notwithstanding any other law, an order for restitution shall have priority over any other debts, liens, or monetary judgments. In cases where an individual has two or more orders for restitution, the restitution order entered first shall have higher priority than additional restitution orders.
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1213Introduced by Assembly Member StefaniFebruary 21, 2025 An act to amend Section 1202.42 of the Penal Code, relating to restitution. LEGISLATIVE COUNSEL'S DIGESTAB 1213, as introduced, Stefani. Restitution: priority.The California Constitution entitles the victim of a crime to restitution. Existing law requires the court in each criminal case to order a convicted defendant to pay full restitution to the victim and a separate restitution fine, as specified.This bill would make an order for restitution to have priority over any other debts, liens, or monetary judgments, and would, in cases where an individual has two or more orders for restitution, make the restitution order entered first have higher priority than additional restitution orders.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 1213
Introduced by Assembly Member StefaniFebruary 21, 2025
Introduced by Assembly Member Stefani
February 21, 2025
An act to amend Section 1202.42 of the Penal Code, relating to restitution.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1213, as introduced, Stefani. Restitution: priority.
The California Constitution entitles the victim of a crime to restitution. Existing law requires the court in each criminal case to order a convicted defendant to pay full restitution to the victim and a separate restitution fine, as specified.This bill would make an order for restitution to have priority over any other debts, liens, or monetary judgments, and would, in cases where an individual has two or more orders for restitution, make the restitution order entered first have higher priority than additional restitution orders.
The California Constitution entitles the victim of a crime to restitution. Existing law requires the court in each criminal case to order a convicted defendant to pay full restitution to the victim and a separate restitution fine, as specified.
This bill would make an order for restitution to have priority over any other debts, liens, or monetary judgments, and would, in cases where an individual has two or more orders for restitution, make the restitution order entered first have higher priority than additional restitution orders.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares both of the following:(a) Victims of crimes have a constitutional right to restitution and that the restitution be paid by the offender.(b) It is the intent of the Legislature that no other order, civil judgment, lien, or other debt owed by a criminal defendant be satisfied before the restitution is satisfied first. Accordingly, the Legislature declares that an order for restitution shall have priority over all other orders, judgments, liens, or other debts.SEC. 2. This act shall be known, and may be cited, as the Restitution First Act.SEC. 3. Section 1202.42 of the Penal Code is amended to read:1202.42. Upon entry of a restitution order under subdivision (c) of Section 13967 of the Government Code, as operative on or before September 28, 1994, paragraph (3) of subdivision (a) of Section 1202.4 of this code, or Section 1203.04 as operative on or before August 2, 1995, the following shall apply:(a) The court shall enter a separate order for income deduction upon determination of the defendants ability to pay, regardless of the probation status, in accordance with Section 1203. Determination of a defendants ability to pay may include his or her their future earning capacity. A defendant shall bear the burden of demonstrating lack of his or her their ability to pay. Express findings by the court as to the factors bearing on the amount of the fine shall not be required.(b) (1) In any case in which the court enters a separate order for income deduction under this section, the order shall be stayed until the agency in the county responsible for collection of restitution determines that the defendant has failed to meet his or her their obligation under the restitution order and the defendant has not provided the agency with good cause for the failure in accordance with paragraph (2).(2) If the agency responsible for collection of restitution receives information that the defendant has failed to meet his or her their obligation under the restitution order, the agency shall request the defendant to provide evidence indicating that timely payments have been made or provide information establishing good cause for the failure. If the defendant fails to either provide the agency with the evidence or fails to establish good cause within five days of the request, the agency shall immediately inform the defendant of that fact, and shall inform the clerk of the court in order that an income deduction order will be served pursuant to subdivision (f) following a 15-day appeal period. The defendant may apply for a hearing to contest the lifting of the stay pursuant to subdivision (f).(c) The income deduction order shall direct a payer to deduct from all income due and payable to the defendant the amount required by the court to meet the defendants obligation.(d) The income deduction order shall be effective so long as the order for restitution upon which it is based is effective or until further order of the court.(e) When the court orders the income deduction, the court shall furnish to the defendant a statement of his or her their rights, remedies, and duties in regard to the income deduction order. The statement shall state all of the following:(1) All fees or interest that will be imposed.(2) The total amount of income to be deducted for each pay period.(3) That the income deduction order applies to current and subsequent payers and periods of employment.(4) That a copy of the income deduction order will be served on the defendants payer or payers.(5) That enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of restitution owed.(6) That the defendant is required to notify the clerk of the court within seven days after changes in the defendants address, payers, and the addresses of his or her their payers.(7) That the court order will be stayed in accordance with subdivision (b) and that a hearing is available in accordance with subdivision (f).(f) (1) Upon receiving the notice described in paragraph (2) of subdivision (b), the clerk of the court or officer of the agency responsible for collection of restitution shall serve an income deduction order and the notice to payer on the defendants payer unless the defendant has applied for a hearing to contest the enforcement of the income deduction order.(2) (A) Service by or upon any person who is a party to a proceeding under this section shall be made in the manner prescribed for service upon parties in a civil action.(B) Service upon the defendants payer or successor payer under this section shall be made by prepaid certified mail, return receipt requested.(3) The defendant, within 15 days after being informed that the order staying the income deduction order will be lifted, may apply for a hearing to contest the enforcement of the income deduction order on the ground of mistake of fact regarding the amount of restitution owed or on the ground that the defendant has established good cause for the nonpayment. The timely request for a hearing shall stay the service of an income deduction order on all payers of the defendant until a hearing is held and a determination is made as to whether the enforcement of the income deduction order is proper.(4) The notice to any payer required by this subdivision shall contain only information necessary for the payer to comply with the income deduction order. The notice shall do all of the following:(A) Require the payer to deduct from the defendants income the amount specified in the income deduction order, and to pay that amount to the clerk of the court.(B) Instruct the payer to implement the income deduction order no later than the first payment date that occurs more than 14 days after the date the income deduction order was served on the payer.(C) Instruct the payer to forward, within two days after each payment date, to the clerk of the court the amount deducted from the defendants income and a statement as to whether the amount totally or partially satisfies the periodic amount specified in the income deduction order.(D) Specify that if a payer fails to deduct the proper amount from the defendants income, the payer is liable for the amount the payer should have deducted, plus costs, interest, and reasonable attorneys fees.(E) Provide that the payer may collect up to five dollars ($5) against the defendants income to reimburse the payer for administrative costs for the first income deduction and up to one dollar ($1) for each deduction thereafter.(F) State that the income deduction order and the notice to payer are binding on the payer until further notice by the court or until the payer no longer provides income to the defendant.(G) Instruct the payer that, when he or she the payer no longer provides income to the defendant, he or she they shall notify the clerk of the court and shall also provide the defendants last known address and the name and address of the defendants new payer, if known, and that, if the payer violates this provision, the payer is subject to a civil penalty not to exceed two hundred fifty dollars ($250) for the first violation or five hundred dollars ($500) for any subsequent violation.(H) State that the payer shall not discharge, refuse to employ, or take disciplinary action against the defendant because of an income deduction order and shall state that a violation of this provision subjects the payer to a civil penalty not to exceed two hundred fifty dollars ($250) for the first violation or five hundred dollars ($500) for any subsequent violation.(I) Inform the payer that when he or she the payer receives income deduction orders requiring that the income of two or more defendants be deducted and sent to the same clerk of a court, he or she they may combine the amounts that are to be paid to the depository in a single payment as long as he or she the payer identifies that portion of the payment attributable to each defendant.(J) Inform the payer that if the payer receives more than one income deduction order against the same defendant, he or she the payer shall contact the court for further instructions.(5) The clerk of the court shall enforce income deduction orders against the defendants successor payer who is located in this state in the same manner prescribed in this subdivision for the enforcement of an income deduction order against a payer.(6) A person may not discharge, refuse to employ, or take disciplinary action against an employee because of the enforcement of an income deduction order. An employer who violates this provision is subject to a civil penalty not to exceed two hundred fifty dollars ($250) for the first violation or five hundred dollars ($500) for any subsequent violation.(7) When a payer no longer provides income to a defendant, he or she the payer shall notify the clerk of the court and shall provide the defendants last known address and the name and address of the defendants new payer, if known. A payer who violates this provision is subject to a civil penalty not to exceed two hundred fifty dollars ($250) for the first violation or five hundred dollars ($500) for a subsequent violation.(g) If the defendant has failed to meet his or her their obligation under the restitution order and the defendant has not provided good cause for the failure in accordance with the process set forth in paragraph (2) of subdivision (b), the court may, upon the request of the prosecuting attorney, order that the prosecuting attorney be given authority to use lien procedures applicable to the defendant, including, but not limited to, a writ of attachment of property. This authority is in addition to any authority granted to the prosecuting attorney in subdivision (h).(1) If the court authorizes a lien or other similar encumbrance on real property pursuant to this subdivision, the court shall, within 15 days, furnish to the defendant a statement of his or her their rights, remedies, and duties in regard to the order. The statement shall state all of the following:(A) That the lien is enforceable and collectible by execution issued by order of the court, except that a lien shall not be enforced by writ of execution on a defendants principal place of residence.(B) A legal description of the property to be encumbered.(C) The total amount of restitution still owed by the defendant.(D) That enforcement of the lien order may only be contested on the ground of mistake of fact regarding the amount of restitution owed or on the ground of mistake of fact regarding the defendants ownership interest of the property to be encumbered.(E) That a hearing is available in accordance with paragraph (2).(F) That, upon paying the restitution order in full, the defendant may petition the court for a full release of any related encumbrance in accordance with paragraph (3).(2) The defendant, within 15 days after being informed that a lien or other similar encumbrance on real property has been ordered, may apply for a hearing to contest the enforcement order on the ground of mistake of fact regarding the amount of restitution owed, on the ground of mistake of fact regarding the defendants ownership interest of the property to be encumbered, or on the ground that the defendant has established good cause for the nonpayment. The timely request for a hearing shall stay any execution on the lien until a hearing is held and a determination is made as to whether the enforcement order is proper.(3) Upon payment of the restitution order in full, the defendant may petition the court to issue an order directing the clerk of the court to execute a full reconveyance of title, a certificate of discharge, or a full release of any lien against real property created to secure performance of the restitution order.(4) Neither a prosecutorial agency nor a prosecuting attorney shall be liable for an injury caused by an act or omission in exercising the authority granted by this subdivision.(h) If there is no agency in the county responsible for the collection of restitution, the county probation office or the prosecuting attorney may carry out the functions and duties of such an agency as specified in subdivisions (b) and (f).(i) A prosecuting attorney shall not make any collection against, or take any percentage of, the defendants income or assets to reimburse the prosecuting attorney for administrative costs in carrying out any action authorized by this section.(j) As used in this section, good cause for failure to meet an obligation or good cause for nonpayment means, but shall not be limited to, any of the following:(1) That there has been a substantial change in the defendants economic circumstances, such as involuntary unemployment, involuntary cost-of-living increases, or costs incurred as the result of medical circumstances or a natural disaster.(2) That the defendant reasonably believes there has been an administrative error with regard to his or her their obligation for payment.(3) Any other similar and justifiable reasons.(k) Notwithstanding any other law, an order for restitution shall have priority over any other debts, liens, or monetary judgments. In cases where an individual has two or more orders for restitution, the restitution order entered first shall have higher priority than additional restitution orders.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares both of the following:(a) Victims of crimes have a constitutional right to restitution and that the restitution be paid by the offender.(b) It is the intent of the Legislature that no other order, civil judgment, lien, or other debt owed by a criminal defendant be satisfied before the restitution is satisfied first. Accordingly, the Legislature declares that an order for restitution shall have priority over all other orders, judgments, liens, or other debts.
SECTION 1. The Legislature finds and declares both of the following:(a) Victims of crimes have a constitutional right to restitution and that the restitution be paid by the offender.(b) It is the intent of the Legislature that no other order, civil judgment, lien, or other debt owed by a criminal defendant be satisfied before the restitution is satisfied first. Accordingly, the Legislature declares that an order for restitution shall have priority over all other orders, judgments, liens, or other debts.
SECTION 1. The Legislature finds and declares both of the following:
### SECTION 1.
(a) Victims of crimes have a constitutional right to restitution and that the restitution be paid by the offender.
(b) It is the intent of the Legislature that no other order, civil judgment, lien, or other debt owed by a criminal defendant be satisfied before the restitution is satisfied first. Accordingly, the Legislature declares that an order for restitution shall have priority over all other orders, judgments, liens, or other debts.
SEC. 2. This act shall be known, and may be cited, as the Restitution First Act.
SEC. 2. This act shall be known, and may be cited, as the Restitution First Act.
SEC. 2. This act shall be known, and may be cited, as the Restitution First Act.
### SEC. 2.
SEC. 3. Section 1202.42 of the Penal Code is amended to read:1202.42. Upon entry of a restitution order under subdivision (c) of Section 13967 of the Government Code, as operative on or before September 28, 1994, paragraph (3) of subdivision (a) of Section 1202.4 of this code, or Section 1203.04 as operative on or before August 2, 1995, the following shall apply:(a) The court shall enter a separate order for income deduction upon determination of the defendants ability to pay, regardless of the probation status, in accordance with Section 1203. Determination of a defendants ability to pay may include his or her their future earning capacity. A defendant shall bear the burden of demonstrating lack of his or her their ability to pay. Express findings by the court as to the factors bearing on the amount of the fine shall not be required.(b) (1) In any case in which the court enters a separate order for income deduction under this section, the order shall be stayed until the agency in the county responsible for collection of restitution determines that the defendant has failed to meet his or her their obligation under the restitution order and the defendant has not provided the agency with good cause for the failure in accordance with paragraph (2).(2) If the agency responsible for collection of restitution receives information that the defendant has failed to meet his or her their obligation under the restitution order, the agency shall request the defendant to provide evidence indicating that timely payments have been made or provide information establishing good cause for the failure. If the defendant fails to either provide the agency with the evidence or fails to establish good cause within five days of the request, the agency shall immediately inform the defendant of that fact, and shall inform the clerk of the court in order that an income deduction order will be served pursuant to subdivision (f) following a 15-day appeal period. The defendant may apply for a hearing to contest the lifting of the stay pursuant to subdivision (f).(c) The income deduction order shall direct a payer to deduct from all income due and payable to the defendant the amount required by the court to meet the defendants obligation.(d) The income deduction order shall be effective so long as the order for restitution upon which it is based is effective or until further order of the court.(e) When the court orders the income deduction, the court shall furnish to the defendant a statement of his or her their rights, remedies, and duties in regard to the income deduction order. The statement shall state all of the following:(1) All fees or interest that will be imposed.(2) The total amount of income to be deducted for each pay period.(3) That the income deduction order applies to current and subsequent payers and periods of employment.(4) That a copy of the income deduction order will be served on the defendants payer or payers.(5) That enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of restitution owed.(6) That the defendant is required to notify the clerk of the court within seven days after changes in the defendants address, payers, and the addresses of his or her their payers.(7) That the court order will be stayed in accordance with subdivision (b) and that a hearing is available in accordance with subdivision (f).(f) (1) Upon receiving the notice described in paragraph (2) of subdivision (b), the clerk of the court or officer of the agency responsible for collection of restitution shall serve an income deduction order and the notice to payer on the defendants payer unless the defendant has applied for a hearing to contest the enforcement of the income deduction order.(2) (A) Service by or upon any person who is a party to a proceeding under this section shall be made in the manner prescribed for service upon parties in a civil action.(B) Service upon the defendants payer or successor payer under this section shall be made by prepaid certified mail, return receipt requested.(3) The defendant, within 15 days after being informed that the order staying the income deduction order will be lifted, may apply for a hearing to contest the enforcement of the income deduction order on the ground of mistake of fact regarding the amount of restitution owed or on the ground that the defendant has established good cause for the nonpayment. The timely request for a hearing shall stay the service of an income deduction order on all payers of the defendant until a hearing is held and a determination is made as to whether the enforcement of the income deduction order is proper.(4) The notice to any payer required by this subdivision shall contain only information necessary for the payer to comply with the income deduction order. The notice shall do all of the following:(A) Require the payer to deduct from the defendants income the amount specified in the income deduction order, and to pay that amount to the clerk of the court.(B) Instruct the payer to implement the income deduction order no later than the first payment date that occurs more than 14 days after the date the income deduction order was served on the payer.(C) Instruct the payer to forward, within two days after each payment date, to the clerk of the court the amount deducted from the defendants income and a statement as to whether the amount totally or partially satisfies the periodic amount specified in the income deduction order.(D) Specify that if a payer fails to deduct the proper amount from the defendants income, the payer is liable for the amount the payer should have deducted, plus costs, interest, and reasonable attorneys fees.(E) Provide that the payer may collect up to five dollars ($5) against the defendants income to reimburse the payer for administrative costs for the first income deduction and up to one dollar ($1) for each deduction thereafter.(F) State that the income deduction order and the notice to payer are binding on the payer until further notice by the court or until the payer no longer provides income to the defendant.(G) Instruct the payer that, when he or she the payer no longer provides income to the defendant, he or she they shall notify the clerk of the court and shall also provide the defendants last known address and the name and address of the defendants new payer, if known, and that, if the payer violates this provision, the payer is subject to a civil penalty not to exceed two hundred fifty dollars ($250) for the first violation or five hundred dollars ($500) for any subsequent violation.(H) State that the payer shall not discharge, refuse to employ, or take disciplinary action against the defendant because of an income deduction order and shall state that a violation of this provision subjects the payer to a civil penalty not to exceed two hundred fifty dollars ($250) for the first violation or five hundred dollars ($500) for any subsequent violation.(I) Inform the payer that when he or she the payer receives income deduction orders requiring that the income of two or more defendants be deducted and sent to the same clerk of a court, he or she they may combine the amounts that are to be paid to the depository in a single payment as long as he or she the payer identifies that portion of the payment attributable to each defendant.(J) Inform the payer that if the payer receives more than one income deduction order against the same defendant, he or she the payer shall contact the court for further instructions.(5) The clerk of the court shall enforce income deduction orders against the defendants successor payer who is located in this state in the same manner prescribed in this subdivision for the enforcement of an income deduction order against a payer.(6) A person may not discharge, refuse to employ, or take disciplinary action against an employee because of the enforcement of an income deduction order. An employer who violates this provision is subject to a civil penalty not to exceed two hundred fifty dollars ($250) for the first violation or five hundred dollars ($500) for any subsequent violation.(7) When a payer no longer provides income to a defendant, he or she the payer shall notify the clerk of the court and shall provide the defendants last known address and the name and address of the defendants new payer, if known. A payer who violates this provision is subject to a civil penalty not to exceed two hundred fifty dollars ($250) for the first violation or five hundred dollars ($500) for a subsequent violation.(g) If the defendant has failed to meet his or her their obligation under the restitution order and the defendant has not provided good cause for the failure in accordance with the process set forth in paragraph (2) of subdivision (b), the court may, upon the request of the prosecuting attorney, order that the prosecuting attorney be given authority to use lien procedures applicable to the defendant, including, but not limited to, a writ of attachment of property. This authority is in addition to any authority granted to the prosecuting attorney in subdivision (h).(1) If the court authorizes a lien or other similar encumbrance on real property pursuant to this subdivision, the court shall, within 15 days, furnish to the defendant a statement of his or her their rights, remedies, and duties in regard to the order. The statement shall state all of the following:(A) That the lien is enforceable and collectible by execution issued by order of the court, except that a lien shall not be enforced by writ of execution on a defendants principal place of residence.(B) A legal description of the property to be encumbered.(C) The total amount of restitution still owed by the defendant.(D) That enforcement of the lien order may only be contested on the ground of mistake of fact regarding the amount of restitution owed or on the ground of mistake of fact regarding the defendants ownership interest of the property to be encumbered.(E) That a hearing is available in accordance with paragraph (2).(F) That, upon paying the restitution order in full, the defendant may petition the court for a full release of any related encumbrance in accordance with paragraph (3).(2) The defendant, within 15 days after being informed that a lien or other similar encumbrance on real property has been ordered, may apply for a hearing to contest the enforcement order on the ground of mistake of fact regarding the amount of restitution owed, on the ground of mistake of fact regarding the defendants ownership interest of the property to be encumbered, or on the ground that the defendant has established good cause for the nonpayment. The timely request for a hearing shall stay any execution on the lien until a hearing is held and a determination is made as to whether the enforcement order is proper.(3) Upon payment of the restitution order in full, the defendant may petition the court to issue an order directing the clerk of the court to execute a full reconveyance of title, a certificate of discharge, or a full release of any lien against real property created to secure performance of the restitution order.(4) Neither a prosecutorial agency nor a prosecuting attorney shall be liable for an injury caused by an act or omission in exercising the authority granted by this subdivision.(h) If there is no agency in the county responsible for the collection of restitution, the county probation office or the prosecuting attorney may carry out the functions and duties of such an agency as specified in subdivisions (b) and (f).(i) A prosecuting attorney shall not make any collection against, or take any percentage of, the defendants income or assets to reimburse the prosecuting attorney for administrative costs in carrying out any action authorized by this section.(j) As used in this section, good cause for failure to meet an obligation or good cause for nonpayment means, but shall not be limited to, any of the following:(1) That there has been a substantial change in the defendants economic circumstances, such as involuntary unemployment, involuntary cost-of-living increases, or costs incurred as the result of medical circumstances or a natural disaster.(2) That the defendant reasonably believes there has been an administrative error with regard to his or her their obligation for payment.(3) Any other similar and justifiable reasons.(k) Notwithstanding any other law, an order for restitution shall have priority over any other debts, liens, or monetary judgments. In cases where an individual has two or more orders for restitution, the restitution order entered first shall have higher priority than additional restitution orders.
SEC. 3. Section 1202.42 of the Penal Code is amended to read:
### SEC. 3.
1202.42. Upon entry of a restitution order under subdivision (c) of Section 13967 of the Government Code, as operative on or before September 28, 1994, paragraph (3) of subdivision (a) of Section 1202.4 of this code, or Section 1203.04 as operative on or before August 2, 1995, the following shall apply:(a) The court shall enter a separate order for income deduction upon determination of the defendants ability to pay, regardless of the probation status, in accordance with Section 1203. Determination of a defendants ability to pay may include his or her their future earning capacity. A defendant shall bear the burden of demonstrating lack of his or her their ability to pay. Express findings by the court as to the factors bearing on the amount of the fine shall not be required.(b) (1) In any case in which the court enters a separate order for income deduction under this section, the order shall be stayed until the agency in the county responsible for collection of restitution determines that the defendant has failed to meet his or her their obligation under the restitution order and the defendant has not provided the agency with good cause for the failure in accordance with paragraph (2).(2) If the agency responsible for collection of restitution receives information that the defendant has failed to meet his or her their obligation under the restitution order, the agency shall request the defendant to provide evidence indicating that timely payments have been made or provide information establishing good cause for the failure. If the defendant fails to either provide the agency with the evidence or fails to establish good cause within five days of the request, the agency shall immediately inform the defendant of that fact, and shall inform the clerk of the court in order that an income deduction order will be served pursuant to subdivision (f) following a 15-day appeal period. The defendant may apply for a hearing to contest the lifting of the stay pursuant to subdivision (f).(c) The income deduction order shall direct a payer to deduct from all income due and payable to the defendant the amount required by the court to meet the defendants obligation.(d) The income deduction order shall be effective so long as the order for restitution upon which it is based is effective or until further order of the court.(e) When the court orders the income deduction, the court shall furnish to the defendant a statement of his or her their rights, remedies, and duties in regard to the income deduction order. The statement shall state all of the following:(1) All fees or interest that will be imposed.(2) The total amount of income to be deducted for each pay period.(3) That the income deduction order applies to current and subsequent payers and periods of employment.(4) That a copy of the income deduction order will be served on the defendants payer or payers.(5) That enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of restitution owed.(6) That the defendant is required to notify the clerk of the court within seven days after changes in the defendants address, payers, and the addresses of his or her their payers.(7) That the court order will be stayed in accordance with subdivision (b) and that a hearing is available in accordance with subdivision (f).(f) (1) Upon receiving the notice described in paragraph (2) of subdivision (b), the clerk of the court or officer of the agency responsible for collection of restitution shall serve an income deduction order and the notice to payer on the defendants payer unless the defendant has applied for a hearing to contest the enforcement of the income deduction order.(2) (A) Service by or upon any person who is a party to a proceeding under this section shall be made in the manner prescribed for service upon parties in a civil action.(B) Service upon the defendants payer or successor payer under this section shall be made by prepaid certified mail, return receipt requested.(3) The defendant, within 15 days after being informed that the order staying the income deduction order will be lifted, may apply for a hearing to contest the enforcement of the income deduction order on the ground of mistake of fact regarding the amount of restitution owed or on the ground that the defendant has established good cause for the nonpayment. The timely request for a hearing shall stay the service of an income deduction order on all payers of the defendant until a hearing is held and a determination is made as to whether the enforcement of the income deduction order is proper.(4) The notice to any payer required by this subdivision shall contain only information necessary for the payer to comply with the income deduction order. The notice shall do all of the following:(A) Require the payer to deduct from the defendants income the amount specified in the income deduction order, and to pay that amount to the clerk of the court.(B) Instruct the payer to implement the income deduction order no later than the first payment date that occurs more than 14 days after the date the income deduction order was served on the payer.(C) Instruct the payer to forward, within two days after each payment date, to the clerk of the court the amount deducted from the defendants income and a statement as to whether the amount totally or partially satisfies the periodic amount specified in the income deduction order.(D) Specify that if a payer fails to deduct the proper amount from the defendants income, the payer is liable for the amount the payer should have deducted, plus costs, interest, and reasonable attorneys fees.(E) Provide that the payer may collect up to five dollars ($5) against the defendants income to reimburse the payer for administrative costs for the first income deduction and up to one dollar ($1) for each deduction thereafter.(F) State that the income deduction order and the notice to payer are binding on the payer until further notice by the court or until the payer no longer provides income to the defendant.(G) Instruct the payer that, when he or she the payer no longer provides income to the defendant, he or she they shall notify the clerk of the court and shall also provide the defendants last known address and the name and address of the defendants new payer, if known, and that, if the payer violates this provision, the payer is subject to a civil penalty not to exceed two hundred fifty dollars ($250) for the first violation or five hundred dollars ($500) for any subsequent violation.(H) State that the payer shall not discharge, refuse to employ, or take disciplinary action against the defendant because of an income deduction order and shall state that a violation of this provision subjects the payer to a civil penalty not to exceed two hundred fifty dollars ($250) for the first violation or five hundred dollars ($500) for any subsequent violation.(I) Inform the payer that when he or she the payer receives income deduction orders requiring that the income of two or more defendants be deducted and sent to the same clerk of a court, he or she they may combine the amounts that are to be paid to the depository in a single payment as long as he or she the payer identifies that portion of the payment attributable to each defendant.(J) Inform the payer that if the payer receives more than one income deduction order against the same defendant, he or she the payer shall contact the court for further instructions.(5) The clerk of the court shall enforce income deduction orders against the defendants successor payer who is located in this state in the same manner prescribed in this subdivision for the enforcement of an income deduction order against a payer.(6) A person may not discharge, refuse to employ, or take disciplinary action against an employee because of the enforcement of an income deduction order. An employer who violates this provision is subject to a civil penalty not to exceed two hundred fifty dollars ($250) for the first violation or five hundred dollars ($500) for any subsequent violation.(7) When a payer no longer provides income to a defendant, he or she the payer shall notify the clerk of the court and shall provide the defendants last known address and the name and address of the defendants new payer, if known. A payer who violates this provision is subject to a civil penalty not to exceed two hundred fifty dollars ($250) for the first violation or five hundred dollars ($500) for a subsequent violation.(g) If the defendant has failed to meet his or her their obligation under the restitution order and the defendant has not provided good cause for the failure in accordance with the process set forth in paragraph (2) of subdivision (b), the court may, upon the request of the prosecuting attorney, order that the prosecuting attorney be given authority to use lien procedures applicable to the defendant, including, but not limited to, a writ of attachment of property. This authority is in addition to any authority granted to the prosecuting attorney in subdivision (h).(1) If the court authorizes a lien or other similar encumbrance on real property pursuant to this subdivision, the court shall, within 15 days, furnish to the defendant a statement of his or her their rights, remedies, and duties in regard to the order. The statement shall state all of the following:(A) That the lien is enforceable and collectible by execution issued by order of the court, except that a lien shall not be enforced by writ of execution on a defendants principal place of residence.(B) A legal description of the property to be encumbered.(C) The total amount of restitution still owed by the defendant.(D) That enforcement of the lien order may only be contested on the ground of mistake of fact regarding the amount of restitution owed or on the ground of mistake of fact regarding the defendants ownership interest of the property to be encumbered.(E) That a hearing is available in accordance with paragraph (2).(F) That, upon paying the restitution order in full, the defendant may petition the court for a full release of any related encumbrance in accordance with paragraph (3).(2) The defendant, within 15 days after being informed that a lien or other similar encumbrance on real property has been ordered, may apply for a hearing to contest the enforcement order on the ground of mistake of fact regarding the amount of restitution owed, on the ground of mistake of fact regarding the defendants ownership interest of the property to be encumbered, or on the ground that the defendant has established good cause for the nonpayment. The timely request for a hearing shall stay any execution on the lien until a hearing is held and a determination is made as to whether the enforcement order is proper.(3) Upon payment of the restitution order in full, the defendant may petition the court to issue an order directing the clerk of the court to execute a full reconveyance of title, a certificate of discharge, or a full release of any lien against real property created to secure performance of the restitution order.(4) Neither a prosecutorial agency nor a prosecuting attorney shall be liable for an injury caused by an act or omission in exercising the authority granted by this subdivision.(h) If there is no agency in the county responsible for the collection of restitution, the county probation office or the prosecuting attorney may carry out the functions and duties of such an agency as specified in subdivisions (b) and (f).(i) A prosecuting attorney shall not make any collection against, or take any percentage of, the defendants income or assets to reimburse the prosecuting attorney for administrative costs in carrying out any action authorized by this section.(j) As used in this section, good cause for failure to meet an obligation or good cause for nonpayment means, but shall not be limited to, any of the following:(1) That there has been a substantial change in the defendants economic circumstances, such as involuntary unemployment, involuntary cost-of-living increases, or costs incurred as the result of medical circumstances or a natural disaster.(2) That the defendant reasonably believes there has been an administrative error with regard to his or her their obligation for payment.(3) Any other similar and justifiable reasons.(k) Notwithstanding any other law, an order for restitution shall have priority over any other debts, liens, or monetary judgments. In cases where an individual has two or more orders for restitution, the restitution order entered first shall have higher priority than additional restitution orders.
1202.42. Upon entry of a restitution order under subdivision (c) of Section 13967 of the Government Code, as operative on or before September 28, 1994, paragraph (3) of subdivision (a) of Section 1202.4 of this code, or Section 1203.04 as operative on or before August 2, 1995, the following shall apply:(a) The court shall enter a separate order for income deduction upon determination of the defendants ability to pay, regardless of the probation status, in accordance with Section 1203. Determination of a defendants ability to pay may include his or her their future earning capacity. A defendant shall bear the burden of demonstrating lack of his or her their ability to pay. Express findings by the court as to the factors bearing on the amount of the fine shall not be required.(b) (1) In any case in which the court enters a separate order for income deduction under this section, the order shall be stayed until the agency in the county responsible for collection of restitution determines that the defendant has failed to meet his or her their obligation under the restitution order and the defendant has not provided the agency with good cause for the failure in accordance with paragraph (2).(2) If the agency responsible for collection of restitution receives information that the defendant has failed to meet his or her their obligation under the restitution order, the agency shall request the defendant to provide evidence indicating that timely payments have been made or provide information establishing good cause for the failure. If the defendant fails to either provide the agency with the evidence or fails to establish good cause within five days of the request, the agency shall immediately inform the defendant of that fact, and shall inform the clerk of the court in order that an income deduction order will be served pursuant to subdivision (f) following a 15-day appeal period. The defendant may apply for a hearing to contest the lifting of the stay pursuant to subdivision (f).(c) The income deduction order shall direct a payer to deduct from all income due and payable to the defendant the amount required by the court to meet the defendants obligation.(d) The income deduction order shall be effective so long as the order for restitution upon which it is based is effective or until further order of the court.(e) When the court orders the income deduction, the court shall furnish to the defendant a statement of his or her their rights, remedies, and duties in regard to the income deduction order. The statement shall state all of the following:(1) All fees or interest that will be imposed.(2) The total amount of income to be deducted for each pay period.(3) That the income deduction order applies to current and subsequent payers and periods of employment.(4) That a copy of the income deduction order will be served on the defendants payer or payers.(5) That enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of restitution owed.(6) That the defendant is required to notify the clerk of the court within seven days after changes in the defendants address, payers, and the addresses of his or her their payers.(7) That the court order will be stayed in accordance with subdivision (b) and that a hearing is available in accordance with subdivision (f).(f) (1) Upon receiving the notice described in paragraph (2) of subdivision (b), the clerk of the court or officer of the agency responsible for collection of restitution shall serve an income deduction order and the notice to payer on the defendants payer unless the defendant has applied for a hearing to contest the enforcement of the income deduction order.(2) (A) Service by or upon any person who is a party to a proceeding under this section shall be made in the manner prescribed for service upon parties in a civil action.(B) Service upon the defendants payer or successor payer under this section shall be made by prepaid certified mail, return receipt requested.(3) The defendant, within 15 days after being informed that the order staying the income deduction order will be lifted, may apply for a hearing to contest the enforcement of the income deduction order on the ground of mistake of fact regarding the amount of restitution owed or on the ground that the defendant has established good cause for the nonpayment. The timely request for a hearing shall stay the service of an income deduction order on all payers of the defendant until a hearing is held and a determination is made as to whether the enforcement of the income deduction order is proper.(4) The notice to any payer required by this subdivision shall contain only information necessary for the payer to comply with the income deduction order. The notice shall do all of the following:(A) Require the payer to deduct from the defendants income the amount specified in the income deduction order, and to pay that amount to the clerk of the court.(B) Instruct the payer to implement the income deduction order no later than the first payment date that occurs more than 14 days after the date the income deduction order was served on the payer.(C) Instruct the payer to forward, within two days after each payment date, to the clerk of the court the amount deducted from the defendants income and a statement as to whether the amount totally or partially satisfies the periodic amount specified in the income deduction order.(D) Specify that if a payer fails to deduct the proper amount from the defendants income, the payer is liable for the amount the payer should have deducted, plus costs, interest, and reasonable attorneys fees.(E) Provide that the payer may collect up to five dollars ($5) against the defendants income to reimburse the payer for administrative costs for the first income deduction and up to one dollar ($1) for each deduction thereafter.(F) State that the income deduction order and the notice to payer are binding on the payer until further notice by the court or until the payer no longer provides income to the defendant.(G) Instruct the payer that, when he or she the payer no longer provides income to the defendant, he or she they shall notify the clerk of the court and shall also provide the defendants last known address and the name and address of the defendants new payer, if known, and that, if the payer violates this provision, the payer is subject to a civil penalty not to exceed two hundred fifty dollars ($250) for the first violation or five hundred dollars ($500) for any subsequent violation.(H) State that the payer shall not discharge, refuse to employ, or take disciplinary action against the defendant because of an income deduction order and shall state that a violation of this provision subjects the payer to a civil penalty not to exceed two hundred fifty dollars ($250) for the first violation or five hundred dollars ($500) for any subsequent violation.(I) Inform the payer that when he or she the payer receives income deduction orders requiring that the income of two or more defendants be deducted and sent to the same clerk of a court, he or she they may combine the amounts that are to be paid to the depository in a single payment as long as he or she the payer identifies that portion of the payment attributable to each defendant.(J) Inform the payer that if the payer receives more than one income deduction order against the same defendant, he or she the payer shall contact the court for further instructions.(5) The clerk of the court shall enforce income deduction orders against the defendants successor payer who is located in this state in the same manner prescribed in this subdivision for the enforcement of an income deduction order against a payer.(6) A person may not discharge, refuse to employ, or take disciplinary action against an employee because of the enforcement of an income deduction order. An employer who violates this provision is subject to a civil penalty not to exceed two hundred fifty dollars ($250) for the first violation or five hundred dollars ($500) for any subsequent violation.(7) When a payer no longer provides income to a defendant, he or she the payer shall notify the clerk of the court and shall provide the defendants last known address and the name and address of the defendants new payer, if known. A payer who violates this provision is subject to a civil penalty not to exceed two hundred fifty dollars ($250) for the first violation or five hundred dollars ($500) for a subsequent violation.(g) If the defendant has failed to meet his or her their obligation under the restitution order and the defendant has not provided good cause for the failure in accordance with the process set forth in paragraph (2) of subdivision (b), the court may, upon the request of the prosecuting attorney, order that the prosecuting attorney be given authority to use lien procedures applicable to the defendant, including, but not limited to, a writ of attachment of property. This authority is in addition to any authority granted to the prosecuting attorney in subdivision (h).(1) If the court authorizes a lien or other similar encumbrance on real property pursuant to this subdivision, the court shall, within 15 days, furnish to the defendant a statement of his or her their rights, remedies, and duties in regard to the order. The statement shall state all of the following:(A) That the lien is enforceable and collectible by execution issued by order of the court, except that a lien shall not be enforced by writ of execution on a defendants principal place of residence.(B) A legal description of the property to be encumbered.(C) The total amount of restitution still owed by the defendant.(D) That enforcement of the lien order may only be contested on the ground of mistake of fact regarding the amount of restitution owed or on the ground of mistake of fact regarding the defendants ownership interest of the property to be encumbered.(E) That a hearing is available in accordance with paragraph (2).(F) That, upon paying the restitution order in full, the defendant may petition the court for a full release of any related encumbrance in accordance with paragraph (3).(2) The defendant, within 15 days after being informed that a lien or other similar encumbrance on real property has been ordered, may apply for a hearing to contest the enforcement order on the ground of mistake of fact regarding the amount of restitution owed, on the ground of mistake of fact regarding the defendants ownership interest of the property to be encumbered, or on the ground that the defendant has established good cause for the nonpayment. The timely request for a hearing shall stay any execution on the lien until a hearing is held and a determination is made as to whether the enforcement order is proper.(3) Upon payment of the restitution order in full, the defendant may petition the court to issue an order directing the clerk of the court to execute a full reconveyance of title, a certificate of discharge, or a full release of any lien against real property created to secure performance of the restitution order.(4) Neither a prosecutorial agency nor a prosecuting attorney shall be liable for an injury caused by an act or omission in exercising the authority granted by this subdivision.(h) If there is no agency in the county responsible for the collection of restitution, the county probation office or the prosecuting attorney may carry out the functions and duties of such an agency as specified in subdivisions (b) and (f).(i) A prosecuting attorney shall not make any collection against, or take any percentage of, the defendants income or assets to reimburse the prosecuting attorney for administrative costs in carrying out any action authorized by this section.(j) As used in this section, good cause for failure to meet an obligation or good cause for nonpayment means, but shall not be limited to, any of the following:(1) That there has been a substantial change in the defendants economic circumstances, such as involuntary unemployment, involuntary cost-of-living increases, or costs incurred as the result of medical circumstances or a natural disaster.(2) That the defendant reasonably believes there has been an administrative error with regard to his or her their obligation for payment.(3) Any other similar and justifiable reasons.(k) Notwithstanding any other law, an order for restitution shall have priority over any other debts, liens, or monetary judgments. In cases where an individual has two or more orders for restitution, the restitution order entered first shall have higher priority than additional restitution orders.
1202.42. Upon entry of a restitution order under subdivision (c) of Section 13967 of the Government Code, as operative on or before September 28, 1994, paragraph (3) of subdivision (a) of Section 1202.4 of this code, or Section 1203.04 as operative on or before August 2, 1995, the following shall apply:(a) The court shall enter a separate order for income deduction upon determination of the defendants ability to pay, regardless of the probation status, in accordance with Section 1203. Determination of a defendants ability to pay may include his or her their future earning capacity. A defendant shall bear the burden of demonstrating lack of his or her their ability to pay. Express findings by the court as to the factors bearing on the amount of the fine shall not be required.(b) (1) In any case in which the court enters a separate order for income deduction under this section, the order shall be stayed until the agency in the county responsible for collection of restitution determines that the defendant has failed to meet his or her their obligation under the restitution order and the defendant has not provided the agency with good cause for the failure in accordance with paragraph (2).(2) If the agency responsible for collection of restitution receives information that the defendant has failed to meet his or her their obligation under the restitution order, the agency shall request the defendant to provide evidence indicating that timely payments have been made or provide information establishing good cause for the failure. If the defendant fails to either provide the agency with the evidence or fails to establish good cause within five days of the request, the agency shall immediately inform the defendant of that fact, and shall inform the clerk of the court in order that an income deduction order will be served pursuant to subdivision (f) following a 15-day appeal period. The defendant may apply for a hearing to contest the lifting of the stay pursuant to subdivision (f).(c) The income deduction order shall direct a payer to deduct from all income due and payable to the defendant the amount required by the court to meet the defendants obligation.(d) The income deduction order shall be effective so long as the order for restitution upon which it is based is effective or until further order of the court.(e) When the court orders the income deduction, the court shall furnish to the defendant a statement of his or her their rights, remedies, and duties in regard to the income deduction order. The statement shall state all of the following:(1) All fees or interest that will be imposed.(2) The total amount of income to be deducted for each pay period.(3) That the income deduction order applies to current and subsequent payers and periods of employment.(4) That a copy of the income deduction order will be served on the defendants payer or payers.(5) That enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of restitution owed.(6) That the defendant is required to notify the clerk of the court within seven days after changes in the defendants address, payers, and the addresses of his or her their payers.(7) That the court order will be stayed in accordance with subdivision (b) and that a hearing is available in accordance with subdivision (f).(f) (1) Upon receiving the notice described in paragraph (2) of subdivision (b), the clerk of the court or officer of the agency responsible for collection of restitution shall serve an income deduction order and the notice to payer on the defendants payer unless the defendant has applied for a hearing to contest the enforcement of the income deduction order.(2) (A) Service by or upon any person who is a party to a proceeding under this section shall be made in the manner prescribed for service upon parties in a civil action.(B) Service upon the defendants payer or successor payer under this section shall be made by prepaid certified mail, return receipt requested.(3) The defendant, within 15 days after being informed that the order staying the income deduction order will be lifted, may apply for a hearing to contest the enforcement of the income deduction order on the ground of mistake of fact regarding the amount of restitution owed or on the ground that the defendant has established good cause for the nonpayment. The timely request for a hearing shall stay the service of an income deduction order on all payers of the defendant until a hearing is held and a determination is made as to whether the enforcement of the income deduction order is proper.(4) The notice to any payer required by this subdivision shall contain only information necessary for the payer to comply with the income deduction order. The notice shall do all of the following:(A) Require the payer to deduct from the defendants income the amount specified in the income deduction order, and to pay that amount to the clerk of the court.(B) Instruct the payer to implement the income deduction order no later than the first payment date that occurs more than 14 days after the date the income deduction order was served on the payer.(C) Instruct the payer to forward, within two days after each payment date, to the clerk of the court the amount deducted from the defendants income and a statement as to whether the amount totally or partially satisfies the periodic amount specified in the income deduction order.(D) Specify that if a payer fails to deduct the proper amount from the defendants income, the payer is liable for the amount the payer should have deducted, plus costs, interest, and reasonable attorneys fees.(E) Provide that the payer may collect up to five dollars ($5) against the defendants income to reimburse the payer for administrative costs for the first income deduction and up to one dollar ($1) for each deduction thereafter.(F) State that the income deduction order and the notice to payer are binding on the payer until further notice by the court or until the payer no longer provides income to the defendant.(G) Instruct the payer that, when he or she the payer no longer provides income to the defendant, he or she they shall notify the clerk of the court and shall also provide the defendants last known address and the name and address of the defendants new payer, if known, and that, if the payer violates this provision, the payer is subject to a civil penalty not to exceed two hundred fifty dollars ($250) for the first violation or five hundred dollars ($500) for any subsequent violation.(H) State that the payer shall not discharge, refuse to employ, or take disciplinary action against the defendant because of an income deduction order and shall state that a violation of this provision subjects the payer to a civil penalty not to exceed two hundred fifty dollars ($250) for the first violation or five hundred dollars ($500) for any subsequent violation.(I) Inform the payer that when he or she the payer receives income deduction orders requiring that the income of two or more defendants be deducted and sent to the same clerk of a court, he or she they may combine the amounts that are to be paid to the depository in a single payment as long as he or she the payer identifies that portion of the payment attributable to each defendant.(J) Inform the payer that if the payer receives more than one income deduction order against the same defendant, he or she the payer shall contact the court for further instructions.(5) The clerk of the court shall enforce income deduction orders against the defendants successor payer who is located in this state in the same manner prescribed in this subdivision for the enforcement of an income deduction order against a payer.(6) A person may not discharge, refuse to employ, or take disciplinary action against an employee because of the enforcement of an income deduction order. An employer who violates this provision is subject to a civil penalty not to exceed two hundred fifty dollars ($250) for the first violation or five hundred dollars ($500) for any subsequent violation.(7) When a payer no longer provides income to a defendant, he or she the payer shall notify the clerk of the court and shall provide the defendants last known address and the name and address of the defendants new payer, if known. A payer who violates this provision is subject to a civil penalty not to exceed two hundred fifty dollars ($250) for the first violation or five hundred dollars ($500) for a subsequent violation.(g) If the defendant has failed to meet his or her their obligation under the restitution order and the defendant has not provided good cause for the failure in accordance with the process set forth in paragraph (2) of subdivision (b), the court may, upon the request of the prosecuting attorney, order that the prosecuting attorney be given authority to use lien procedures applicable to the defendant, including, but not limited to, a writ of attachment of property. This authority is in addition to any authority granted to the prosecuting attorney in subdivision (h).(1) If the court authorizes a lien or other similar encumbrance on real property pursuant to this subdivision, the court shall, within 15 days, furnish to the defendant a statement of his or her their rights, remedies, and duties in regard to the order. The statement shall state all of the following:(A) That the lien is enforceable and collectible by execution issued by order of the court, except that a lien shall not be enforced by writ of execution on a defendants principal place of residence.(B) A legal description of the property to be encumbered.(C) The total amount of restitution still owed by the defendant.(D) That enforcement of the lien order may only be contested on the ground of mistake of fact regarding the amount of restitution owed or on the ground of mistake of fact regarding the defendants ownership interest of the property to be encumbered.(E) That a hearing is available in accordance with paragraph (2).(F) That, upon paying the restitution order in full, the defendant may petition the court for a full release of any related encumbrance in accordance with paragraph (3).(2) The defendant, within 15 days after being informed that a lien or other similar encumbrance on real property has been ordered, may apply for a hearing to contest the enforcement order on the ground of mistake of fact regarding the amount of restitution owed, on the ground of mistake of fact regarding the defendants ownership interest of the property to be encumbered, or on the ground that the defendant has established good cause for the nonpayment. The timely request for a hearing shall stay any execution on the lien until a hearing is held and a determination is made as to whether the enforcement order is proper.(3) Upon payment of the restitution order in full, the defendant may petition the court to issue an order directing the clerk of the court to execute a full reconveyance of title, a certificate of discharge, or a full release of any lien against real property created to secure performance of the restitution order.(4) Neither a prosecutorial agency nor a prosecuting attorney shall be liable for an injury caused by an act or omission in exercising the authority granted by this subdivision.(h) If there is no agency in the county responsible for the collection of restitution, the county probation office or the prosecuting attorney may carry out the functions and duties of such an agency as specified in subdivisions (b) and (f).(i) A prosecuting attorney shall not make any collection against, or take any percentage of, the defendants income or assets to reimburse the prosecuting attorney for administrative costs in carrying out any action authorized by this section.(j) As used in this section, good cause for failure to meet an obligation or good cause for nonpayment means, but shall not be limited to, any of the following:(1) That there has been a substantial change in the defendants economic circumstances, such as involuntary unemployment, involuntary cost-of-living increases, or costs incurred as the result of medical circumstances or a natural disaster.(2) That the defendant reasonably believes there has been an administrative error with regard to his or her their obligation for payment.(3) Any other similar and justifiable reasons.(k) Notwithstanding any other law, an order for restitution shall have priority over any other debts, liens, or monetary judgments. In cases where an individual has two or more orders for restitution, the restitution order entered first shall have higher priority than additional restitution orders.
1202.42. Upon entry of a restitution order under subdivision (c) of Section 13967 of the Government Code, as operative on or before September 28, 1994, paragraph (3) of subdivision (a) of Section 1202.4 of this code, or Section 1203.04 as operative on or before August 2, 1995, the following shall apply:
(a) The court shall enter a separate order for income deduction upon determination of the defendants ability to pay, regardless of the probation status, in accordance with Section 1203. Determination of a defendants ability to pay may include his or her their future earning capacity. A defendant shall bear the burden of demonstrating lack of his or her their ability to pay. Express findings by the court as to the factors bearing on the amount of the fine shall not be required.
(b) (1) In any case in which the court enters a separate order for income deduction under this section, the order shall be stayed until the agency in the county responsible for collection of restitution determines that the defendant has failed to meet his or her their obligation under the restitution order and the defendant has not provided the agency with good cause for the failure in accordance with paragraph (2).
(2) If the agency responsible for collection of restitution receives information that the defendant has failed to meet his or her their obligation under the restitution order, the agency shall request the defendant to provide evidence indicating that timely payments have been made or provide information establishing good cause for the failure. If the defendant fails to either provide the agency with the evidence or fails to establish good cause within five days of the request, the agency shall immediately inform the defendant of that fact, and shall inform the clerk of the court in order that an income deduction order will be served pursuant to subdivision (f) following a 15-day appeal period. The defendant may apply for a hearing to contest the lifting of the stay pursuant to subdivision (f).
(c) The income deduction order shall direct a payer to deduct from all income due and payable to the defendant the amount required by the court to meet the defendants obligation.
(d) The income deduction order shall be effective so long as the order for restitution upon which it is based is effective or until further order of the court.
(e) When the court orders the income deduction, the court shall furnish to the defendant a statement of his or her their rights, remedies, and duties in regard to the income deduction order. The statement shall state all of the following:
(1) All fees or interest that will be imposed.
(2) The total amount of income to be deducted for each pay period.
(3) That the income deduction order applies to current and subsequent payers and periods of employment.
(4) That a copy of the income deduction order will be served on the defendants payer or payers.
(5) That enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of restitution owed.
(6) That the defendant is required to notify the clerk of the court within seven days after changes in the defendants address, payers, and the addresses of his or her their payers.
(7) That the court order will be stayed in accordance with subdivision (b) and that a hearing is available in accordance with subdivision (f).
(f) (1) Upon receiving the notice described in paragraph (2) of subdivision (b), the clerk of the court or officer of the agency responsible for collection of restitution shall serve an income deduction order and the notice to payer on the defendants payer unless the defendant has applied for a hearing to contest the enforcement of the income deduction order.
(2) (A) Service by or upon any person who is a party to a proceeding under this section shall be made in the manner prescribed for service upon parties in a civil action.
(B) Service upon the defendants payer or successor payer under this section shall be made by prepaid certified mail, return receipt requested.
(3) The defendant, within 15 days after being informed that the order staying the income deduction order will be lifted, may apply for a hearing to contest the enforcement of the income deduction order on the ground of mistake of fact regarding the amount of restitution owed or on the ground that the defendant has established good cause for the nonpayment. The timely request for a hearing shall stay the service of an income deduction order on all payers of the defendant until a hearing is held and a determination is made as to whether the enforcement of the income deduction order is proper.
(4) The notice to any payer required by this subdivision shall contain only information necessary for the payer to comply with the income deduction order. The notice shall do all of the following:
(A) Require the payer to deduct from the defendants income the amount specified in the income deduction order, and to pay that amount to the clerk of the court.
(B) Instruct the payer to implement the income deduction order no later than the first payment date that occurs more than 14 days after the date the income deduction order was served on the payer.
(C) Instruct the payer to forward, within two days after each payment date, to the clerk of the court the amount deducted from the defendants income and a statement as to whether the amount totally or partially satisfies the periodic amount specified in the income deduction order.
(D) Specify that if a payer fails to deduct the proper amount from the defendants income, the payer is liable for the amount the payer should have deducted, plus costs, interest, and reasonable attorneys fees.
(E) Provide that the payer may collect up to five dollars ($5) against the defendants income to reimburse the payer for administrative costs for the first income deduction and up to one dollar ($1) for each deduction thereafter.
(F) State that the income deduction order and the notice to payer are binding on the payer until further notice by the court or until the payer no longer provides income to the defendant.
(G) Instruct the payer that, when he or she the payer no longer provides income to the defendant, he or she they shall notify the clerk of the court and shall also provide the defendants last known address and the name and address of the defendants new payer, if known, and that, if the payer violates this provision, the payer is subject to a civil penalty not to exceed two hundred fifty dollars ($250) for the first violation or five hundred dollars ($500) for any subsequent violation.
(H) State that the payer shall not discharge, refuse to employ, or take disciplinary action against the defendant because of an income deduction order and shall state that a violation of this provision subjects the payer to a civil penalty not to exceed two hundred fifty dollars ($250) for the first violation or five hundred dollars ($500) for any subsequent violation.
(I) Inform the payer that when he or she the payer receives income deduction orders requiring that the income of two or more defendants be deducted and sent to the same clerk of a court, he or she they may combine the amounts that are to be paid to the depository in a single payment as long as he or she the payer identifies that portion of the payment attributable to each defendant.
(J) Inform the payer that if the payer receives more than one income deduction order against the same defendant, he or she the payer shall contact the court for further instructions.
(5) The clerk of the court shall enforce income deduction orders against the defendants successor payer who is located in this state in the same manner prescribed in this subdivision for the enforcement of an income deduction order against a payer.
(6) A person may not discharge, refuse to employ, or take disciplinary action against an employee because of the enforcement of an income deduction order. An employer who violates this provision is subject to a civil penalty not to exceed two hundred fifty dollars ($250) for the first violation or five hundred dollars ($500) for any subsequent violation.
(7) When a payer no longer provides income to a defendant, he or she the payer shall notify the clerk of the court and shall provide the defendants last known address and the name and address of the defendants new payer, if known. A payer who violates this provision is subject to a civil penalty not to exceed two hundred fifty dollars ($250) for the first violation or five hundred dollars ($500) for a subsequent violation.
(g) If the defendant has failed to meet his or her their obligation under the restitution order and the defendant has not provided good cause for the failure in accordance with the process set forth in paragraph (2) of subdivision (b), the court may, upon the request of the prosecuting attorney, order that the prosecuting attorney be given authority to use lien procedures applicable to the defendant, including, but not limited to, a writ of attachment of property. This authority is in addition to any authority granted to the prosecuting attorney in subdivision (h).
(1) If the court authorizes a lien or other similar encumbrance on real property pursuant to this subdivision, the court shall, within 15 days, furnish to the defendant a statement of his or her their rights, remedies, and duties in regard to the order. The statement shall state all of the following:
(A) That the lien is enforceable and collectible by execution issued by order of the court, except that a lien shall not be enforced by writ of execution on a defendants principal place of residence.
(B) A legal description of the property to be encumbered.
(C) The total amount of restitution still owed by the defendant.
(D) That enforcement of the lien order may only be contested on the ground of mistake of fact regarding the amount of restitution owed or on the ground of mistake of fact regarding the defendants ownership interest of the property to be encumbered.
(E) That a hearing is available in accordance with paragraph (2).
(F) That, upon paying the restitution order in full, the defendant may petition the court for a full release of any related encumbrance in accordance with paragraph (3).
(2) The defendant, within 15 days after being informed that a lien or other similar encumbrance on real property has been ordered, may apply for a hearing to contest the enforcement order on the ground of mistake of fact regarding the amount of restitution owed, on the ground of mistake of fact regarding the defendants ownership interest of the property to be encumbered, or on the ground that the defendant has established good cause for the nonpayment. The timely request for a hearing shall stay any execution on the lien until a hearing is held and a determination is made as to whether the enforcement order is proper.
(3) Upon payment of the restitution order in full, the defendant may petition the court to issue an order directing the clerk of the court to execute a full reconveyance of title, a certificate of discharge, or a full release of any lien against real property created to secure performance of the restitution order.
(4) Neither a prosecutorial agency nor a prosecuting attorney shall be liable for an injury caused by an act or omission in exercising the authority granted by this subdivision.
(h) If there is no agency in the county responsible for the collection of restitution, the county probation office or the prosecuting attorney may carry out the functions and duties of such an agency as specified in subdivisions (b) and (f).
(i) A prosecuting attorney shall not make any collection against, or take any percentage of, the defendants income or assets to reimburse the prosecuting attorney for administrative costs in carrying out any action authorized by this section.
(j) As used in this section, good cause for failure to meet an obligation or good cause for nonpayment means, but shall not be limited to, any of the following:
(1) That there has been a substantial change in the defendants economic circumstances, such as involuntary unemployment, involuntary cost-of-living increases, or costs incurred as the result of medical circumstances or a natural disaster.
(2) That the defendant reasonably believes there has been an administrative error with regard to his or her their obligation for payment.
(3) Any other similar and justifiable reasons.
(k) Notwithstanding any other law, an order for restitution shall have priority over any other debts, liens, or monetary judgments. In cases where an individual has two or more orders for restitution, the restitution order entered first shall have higher priority than additional restitution orders.