An act to amend Section 1202.4 of the Penal Code, relating to restitution.
Summary
AB 1213, the Restitution First Act, amends Penal Code Section 1202.4 to make clear that restitution owed to crime victims must be paid before a defendant’s other criminal financial obligations. The bill states the Legislature’s intent that no other debt associated with a criminal conviction—such as fines, restitution fines, penalty assessments, and other fees—may be satisfied before victim restitution is paid in full. It also makes conforming changes to the restitution statute while leaving in place the existing framework requiring courts to order full restitution for economic losses caused by a crime.
The measure preserves and reinforces California’s existing restitution system, including rules governing restitution fines, victim hearings, collection procedures, and the types of losses that may be reimbursed. Those losses include property damage, medical and counseling costs, lost wages, relocation and security expenses, identity theft credit repair costs, and certain losses tied to human trafficking and unlawful recording distribution. The bill also continues provisions requiring defendants to disclose financial information, authorizing district attorneys to examine assets for collection, and making restitution orders enforceable like civil judgments.
Impact
The bill primarily changes the priority of payment under Penal Code Section 1202.4 by directing that restitution orders be paid before all other criminal fines, assessments, and fees. In practical terms, this can increase the likelihood that victims receive compensation from limited defendant payments before money is applied to state and local penalty-based revenue streams. The bill does not create a new restitution program, but it strengthens the enforceability and payment priority of existing restitution obligations and makes related conforming changes to the statute.
Sentiment
The available voting history shows strong and unanimous support throughout the legislative process, with every recorded committee and floor vote passing 0 nays. The bill moved through both houses on consent calendar or do-pass recommendations, indicating broad agreement that victim restitution should be prioritized over other criminal financial obligations. No committee transcript or recorded opposition is provided in the materials, and the overall sentiment appears favorable and noncontroversial in the Legislature.
Contention
No significant contention is reflected in the provided record. The main policy choice in the bill is the explicit reordering of payment priority so that victim restitution comes first, which benefits victims and may reduce collections available for fines and fees. Any potential concern would likely come from agencies or programs that rely on fine and fee revenue, or from those worried about how the priority rule interacts with defendants’ ability to pay, but no such objections appear in the available votes or discussion materials.
AN ACT to amend and reenact sections 12-59-15 and 12.1-01-04, subdivision b of subsection 3 of section 12.1-22-01, and sections 12.1-32-07, 12.1-32-08, and 29-07-01.1 of the North Dakota Century Code, relating to parole and probation violations and court fees; to provide for a legislative management study; and to provide a penalty.
AN ACT to amend and reenact subsection 6 of section 12.1-32-08 and sections 27-03-05, 27-05.2-03, and 29-26-22 of the North Dakota Century Code, relating to court fees.