CA AB 2432

Title: Corporations: criminal enhancements.
Author: Eloise Gomez Reyes

Summary
AB 2432, as amended, Gabriel. Corporations: criminal enhancements. (1) Existing federal law, the Victims of Crime Act of 1984, creates the Crime Victims Fund and authorizes federal financial assistance to states for the purpose of supporting eligible crime victim assistance programs. Existing law creates various programs under the Office of Emergency Services related to crime prevention and education, including, among other things, programs concerning family violence prevention and domestic violence prevention.This bill would establish the California Crime Victims Fund in the State Treasury.(2) Existing law establishes the aggravated white-collar crime enhancement which imposes enhanced penalties against a person who commits 2 or more related felonies, a material element of which is fraud or embezzlement, that involve a pattern of related felony conduct, and the pattern of related felony conduct involves the taking or loss of more than $100,000, as specified.This bill would authorize a court to impose an additional fine, known as the corporate white collar criminal enhancement, against a corporation that is convicted of a misdemeanor or felony. The bill would authorize the court to determine the amount of the fine, but would set specified limits. The bill would require the court to consider certain factors when determining the amount of the fine, including, among other things, the nature and seriousness of the offense and the corporation’s assets, liabilities, and net worth, as specified. The bill would require that any moneys collected under this provision be deposited into the California Crime Victims Fund.(3) 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, if a corporation is convicted of a misdemeanor or felony offense, require the court to impose a separate and additional restitution fine, as specified. The bill would authorize the court to determine the amount of the restitution fine, but would require the fine to meet specified minimums. The bill would require any moneys collected under this provision to be distributed to the California Crime Victims Fund and the prosecuting agency that brought the criminal prosecution, as specified.

Status
In committee: Set, first hearing. Referred to suspense file.

Bill Documents
CA AB 2432 - 04/10/24 - Amended Assembly
04/10/24 - CA AB 2432 (04/10/24 - Amended Assembly)