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 Bill Text - AB-1213 Restitution: priority.

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 |Add To My Favorites |Track Bill | Version: 10/01/25 - Chaptered
 09/08/25 - Enrolled
 07/03/25 - Amended Senate
 03/19/25 - Amended Assembly
 02/21/25 - Introduced

 AB-1213 Restitution: priority.(2025-2026)

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 Date Published: 10/02/2025 09:00 PM

AB1213:v95#DOCUMENTBill Start

 Assembly Bill

 No. 1213

 CHAPTER 184

 An act to amend Section 1202.4 of the Penal Code, relating to restitution.

 [
 Approved by

 Governor
 October 01, 2025.

 Filed with

 Secretary of State
 October 01, 2025.
 ]

LEGISLATIVE COUNSEL'S DIGEST

AB 1213, 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. Existing law makes a restitution order in a case in which a victim suffered economic loss as a result of the defendant’s conduct, as specified, enforceable as if it were a civil judgment.

This bill, the Restitution First Act, would also require that a restitution order be paid before all fines, restitution fines, penalty assessments, and other fees, as specified.
 The bill would also make nonsubstantive, conforming changes.

Digest Key

 Vote:
 MAJORITY 
 Appropriation:
 NO 
 Fiscal Committee:
 YES 
 Local Program:
 NO 

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 debt owed by a criminal defendant be satisfied before the restitution to the victim is satisfied first. Accordingly, the Legislature declares that an order for restitution shall have priority over all other fines and fees associated with a criminal conviction.

SEC. 2.

 This act shall be known, and may be cited, as the Restitution First Act.

SEC. 3.

 Section 1202.4 of the Penal Code is amended to read:

1202.4.

 (a) (1) It is the intent of the Legislature that a victim of a crime who incurs an economic loss as a result of the commission of a crime shall receive restitution directly from a defendant convicted of that crime.

(2) Upon a person being convicted of a crime in the State of California, the court shall order the defendant to pay a fine in the form of a penalty assessment in accordance with Section 1464.

(3) The court, in addition to any other penalty provided or imposed under the law, shall order the defendant
 to pay both of the following:

(A) A restitution fine in accordance with subdivision (b).

(B) Restitution to the victim or victims, if any, in accordance with subdivision (f), which shall be enforceable as if the order were a civil judgment and shall be paid as specified in subdivision (i).

(b) In every case where a person is convicted of a crime, the court shall impose a separate and additional restitution fine, unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record.

(1) The restitution fine shall be set at the discretion of the court and commensurate with the seriousness of the offense. If the person is
 convicted of a felony, the fine shall not be less than three hundred dollars ($300) and not more than ten thousand dollars ($10,000). If the person is convicted of a misdemeanor, the fine shall not be less than one hundred fifty dollars ($150) and not more than one thousand dollars ($1,000).

(2) In setting a felony restitution fine, the court may determine the amount of the fine as the product of the minimum fine pursuant to paragraph (1) multiplied by the number of years of imprisonment the defendant is ordered to serve, multiplied by the number of felony counts of which the defendant is convicted.

(c) The court shall impose the restitution fine unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record. A defendant’s inability to pay
 shall not be considered a compelling and extraordinary reason not to impose a restitution fine. Inability to pay may be considered only in increasing the amount of the restitution fine in excess of the minimum fine pursuant to paragraph (1) of subdivision (b). The court may specify that funds confiscat