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SB 1479 - An Act to Amend Section 1202.4 of the Penal Code, Relating to Crime Victims.

Crime victims: restitution. 2011-2012 Legislature. View bill details
Author(s):
Summary:
Existing law requires the court to order defendants convicted of any crime to pay a fine in the form of a penalty, as specified. Existing law additionally requires the court to order defendants to pay restitution to the victim or victims, as well as a restitution fine. Existing law requires that a person convicted of specified crimes, including counterfeiting products and failing to disclose the… More
Existing law requires the court to order defendants convicted of any crime to pay a fine in the form of a penalty, as specified. Existing law additionally requires the court to order defendants to pay restitution to the victim or victims, as well as a restitution fine. Existing law requires that a person convicted of specified crimes, including counterfeiting products and failing to disclose the origin of a recording or audiovisual work, pay restitution to the owner, lawful producer, or trade association acting on behalf of the owner or lawful producer that suffered economic loss from the violation. Under existing law, the value of each nonconforming article or device is based on the aggregate wholesale value of lawfully manufactured and authorized devices or articles from which sounds or visual images are devised, except in certain circumstances.

This bill would specify that possession of nonconforming devices or articles intended for sale constitutes actual economic loss to an owner or lawful producer in the form of displaced legitimate wholesale purchases. The bill would also base the order of restitution on the aggregate wholesale value of lawfully manufactured and authorized devices or articles from which sounds or visual images are devised corresponding to the number of nonconforming devices or articles involved in the offense.

The bill would make additional changes to Section 1202.4 of the Penal Code made by SB 1177 to take effect if both bills are enacted and this bill is enacted last.

The bill would also make technical, nonsubstantive changes to these provisions. Hide
 
Status:
The bill has become law (chaptered). 
Senate Vote: On Passage

PASSED on August 22, 2012.

voted YES: 36 voted NO: 1
3 voted present/not voting

An Act to Amend Section 1202.4 of the Penal Code, Relating to Crime Victims.

SB 1479 — 2011-2012 Legislature

Summary
Existing law requires the court to order defendants convicted of any crime to pay a fine in the form of a penalty, as specified. Existing law additionally requires the court to order defendants to pay restitution to the victim or victims, as well as a restitution fine. Existing law requires that a person convicted of specified crimes, including counterfeiting products and failing to disclose the origin of a recording or audiovisual work, pay restitution to the owner, lawful producer, or trade association acting on behalf of the owner or lawful producer that suffered economic loss from the violation. Under existing law, the value of each nonconforming article or device is based on the aggregate wholesale value of lawfully manufactured and authorized devices or articles from which sounds or visual images are devised, except in certain circumstances.

This bill would specify that possession of nonconforming devices or articles intended for sale constitutes actual economic loss to an owner or lawful producer in the form of displaced legitimate wholesale purchases. The bill would also base the order of restitution on the aggregate wholesale value of lawfully manufactured and… More
Existing law requires the court to order defendants convicted of any crime to pay a fine in the form of a penalty, as specified. Existing law additionally requires the court to order defendants to pay restitution to the victim or victims, as well as a restitution fine. Existing law requires that a person convicted of specified crimes, including counterfeiting products and failing to disclose the origin of a recording or audiovisual work, pay restitution to the owner, lawful producer, or trade association acting on behalf of the owner or lawful producer that suffered economic loss from the violation. Under existing law, the value of each nonconforming article or device is based on the aggregate wholesale value of lawfully manufactured and authorized devices or articles from which sounds or visual images are devised, except in certain circumstances.

This bill would specify that possession of nonconforming devices or articles intended for sale constitutes actual economic loss to an owner or lawful producer in the form of displaced legitimate wholesale purchases. The bill would also base the order of restitution on the aggregate wholesale value of lawfully manufactured and authorized devices or articles from which sounds or visual images are devised corresponding to the number of nonconforming devices or articles involved in the offense.

The bill would make additional changes to Section 1202.4 of the Penal Code made by SB 1177 to take effect if both bills are enacted and this bill is enacted last.

The bill would also make technical, nonsubstantive changes to these provisions. Hide
Learn More
At LegInfo.ca.gov
Title
An Act to Amend Section 1202.4 of the Penal Code, Relating to Crime Victims.
Author(s)
Fran Pavley
Co-Authors
    Subjects
    • Crime victims: restitution
    Major Actions
    Introduced2/24/2012
    Referred to Committee
    Passed Senate Committee on Public Safety4/17/2012
    Passed Senate4/26/2012
    Passed Assembly Committee on Public Safety6/26/2012
    Passed Assembly8/20/2012
    Passed Senate8/22/2012
    Presented to the governor (enrolled)8/28/2012
    Became law (chaptered).9/30/2012
    Bill History
    Chamber/CommitteeMotionDateResult
    select this voteSenate Committee on Public SafetyDo pass.4/17/2012This motion PASSED the Senate Committee on Public Safety
    7 voted YES 0 voted NO 0 voted present/not voting
    select this voteSenateSenate 3rd Reading SB1479 Pavley4/26/2012This bill PASSED the Senate
    36 voted YES 0 voted NO 4 voted present/not voting
    select this voteAssembly Committee on Public SafetyDo pass.6/26/2012This motion PASSED the Assembly Committee on Public Safety
    5 voted YES 1 voted NO 1 voted present/not voting
    select this voteAssemblySB 1479 Pavley Senate Third Reading By LARA8/20/2012This bill PASSED the Assembly
    68 voted YES 5 voted NO 7 voted present/not voting
    currently selectedSenateUnfinished Business SB1479 Pavley Concurrence8/22/2012This bill PASSED the Senate
    36 voted YES 1 voted NO 3 voted present/not voting
    ActionDateDescription
    Introduced2/24/2012
    2/24/2012Introduced. To Com. on RLS. for assignment. To print.
    2/25/2012From printer. May be acted upon on or after March 26.
    2/27/2012Read first time.
    3/22/2012Referred to Com. on PUB. S.
    3/29/2012From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
    3/30/2012Set for hearing April 17.
    select this voteVote4/17/2012Do pass.
    4/18/2012From committee: Do pass. (Ayes 7. Noes 0. Page 3210.) (April 17).
    4/19/2012Read second time. Ordered to third reading.
    4/26/2012Read third time. Passed. (Ayes 36. Noes 0. Page 3291.) Ordered to the Assembly.
    4/26/2012In Assembly. Read first time. Held at Desk.
    select this voteSenate Vote on Passage4/26/2012Senate 3rd Reading SB1479 Pavley
    5/03/2012Referred to Com. on PUB. S.
    select this voteVote6/26/2012Do pass.
    6/26/2012From committee: Do pass. (Ayes 5. Noes 1.) (June 26).
    6/27/2012Read second time. Ordered to third reading.
    8/06/2012Read third time and amended. (Page 5761.) Ordered to third reading.
    8/20/2012Read third time. Passed. (Ayes 68. Noes 5. Page 6009.) Ordered to the Senate.
    select this voteAssembly Vote on Passage8/20/2012SB 1479 Pavley Senate Third Reading By LARA
    8/21/2012In Senate. Concurrence in Assembly amendments pending.
    8/22/2012Assembly amendments concurred in. (Ayes 36. Noes 1. Page 4699.) Ordered to engrossing and enrolling.
    currently selectedSenate Vote on Passage8/22/2012Unfinished Business SB1479 Pavley Concurrence
    8/28/2012Enrolled and presented to the Governor at 4 p.m.
    9/30/2012Approved by the Governor.
    9/30/2012Chaptered by Secretary of State. Chapter 873, Statutes of 2012.

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    An Act to Amend Section 1202.4 of the Penal Code, Relating to Crime Victims.: Unfinished Business SB1479 Pavley Concurrence

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    NamePartyDistrict$ From Interest Groups
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    $ From Interest Groups
    That Opposed
    Vote
    Elaine AlquistDCA-13$0$0
    Joel AndersonRCA-36$0$0
    Tom BerryhillRCA-14$0$0
    Sam BlakesleeRCA-15$0$0
    Ron CalderonDCA-30$0$0
    Anthony CannellaRCA-12$0$0
    Ellen CorbettDCA-10$0$0
    Lou CorreaDCA-34$0$0
    Kevin De LeonDCA-22$0$0
    Mark DeSaulnierDCA-7$0$0
    Bob DuttonRCA-31$0$0
    Bill EmmersonRCA-37$0$0
    Noreen EvansDCA-2$0$0
    Jean FullerRCA-18$0$0
    Ted GainesRCA-1$0$0
    Loni HancockDCA-9$0$0
    Tom HarmanRCA-35$0$0
    Ed HernandezDCA-24$0$0
    Bob HuffRCA-29$0$0
    Christine KehoeDCA-39$0$0
    Doug La MalfaRCA-4$0$0
    Mark LenoDCA-3$0$0
    Ted LieuDCA-28$0$0
    Carol LiuDCA-21$0$0
    Alan LowenthalDCA-27$0$0
    Gloria Negrete McLeodDCA-32$0$0
    Alex PadillaDCA-20$0$0
    Fran PavleyDCA-23$0$0
    Curren PriceDCA-26$0$0
    Michael RubioDCA-16$0$0
    Sharon RunnerRCA-17$0$0
    Joe SimitianDCA-11$0$0
    Darrell SteinbergDCA-6$0$0
    Tony StricklandRCA-19$0$0
    Juan VargasDCA-40$0$0
    Mimi WaltersRCA-33$0$0
    Lois WolkDCA-5$0$0
    Rod WrightDCA-25$0$0
    Mark WylandRCA-38$0$0
    Leland YeeDCA-8$0$0

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