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California Penal Code Section 1214

Legal Research Home > California Laws > Penal Code > California Penal Code Section 1214

1214.  (a) If the judgment is for a fine, including a restitution
fine ordered pursuant to Section 1202.4, 1202.44, or 1202.45, or
Section 1203.04 as operative on or before August 2, 1995, or Section
13967 of the Government Code, as operative on or before September 28,
1994, with or without imprisonment, or a diversion restitution fee
ordered pursuant to Section 1001.90, the judgment may be enforced in
the manner provided for the enforcement of money judgments generally.
Any portion of a restitution fine or restitution fee that remains
unsatisfied after a defendant is no longer on probation, parole,
postrelease community supervision pursuant to Section 3451, mandatory
supervision under subparagraph (B) of paragraph (5) of subdivision
(h) of Section 1170, or has completed diversion is enforceable by the
California Victim Compensation and Government Claims Board pursuant
to this section. Notwithstanding any other provision of law
prohibiting disclosure, the state, as defined in Section 900.6 of the
Government Code, a local public entity, as defined in Section 900.4
of the Government Code, or any other entity, may provide the
California Victim Compensation and Government Claims Board any and
all information to assist in the collection of unpaid portions of a
restitution fine for terminated probation or parole cases, or of a
restitution fee for completed diversion cases. For purposes of the
preceding sentence, "state, as defined in Section 900.6 of the
Government Code," and "any other entity" shall not include the
Franchise Tax Board. A local collection program may continue to
enforce restitution orders once a defendant is no longer on
probation, postrelease community supervision, or mandatory
supervision.
   (b) In any case in which a defendant is ordered to pay
restitution, the order to pay restitution (1) is deemed a money
judgment if the defendant was informed of his or her right to have a
judicial determination of the amount and was provided with a hearing,
waived a hearing, or stipulated to the amount of the restitution
ordered, and (2) shall be fully enforceable by a victim as if the
restitution order were a civil judgment, and enforceable in the same
manner as is provided for the enforcement of any other money
judgment. Upon the victim's request, the court shall provide the
victim in whose favor the order of restitution is entered with a
certified copy of that order and a copy of the defendant's disclosure
pursuant to paragraph (5) of subdivision (f) of Section 1202.4,
affidavit or information pursuant to paragraph (6) of subdivision (f)
of Section 1202.4, or report pursuant to paragraph (8) of
subdivision (f) of Section 1202.4. The court also shall provide this
information to the district attorney upon request in connection with
an investigation or prosecution involving perjury or the veracity of
the information contained within the defendant's financial
disclosure. In addition, upon request, the court shall provide the
California Victim Compensation and Government Claims Board with a
certified copy of any order imposing a restitution fine or order and
a copy of the defendant's disclosure pursuant to paragraph (5) of
subdivision (f) of Section 1202.4, affidavit or information pursuant
to paragraph (6) of subdivision (f) of Section 1202.4, or report
pursuant to paragraph (8) of subdivision (f) of Section 1202.4. A
victim shall have access to all resources available under the law to
enforce the restitution order, including, but not limited to, access
to the defendant's financial records, use of wage garnishment and
lien procedures, information regarding the defendant's assets, and
the ability to apply for restitution from any fund established for
the purpose of compensating victims in civil cases. Any portion of a
restitution order that remains unsatisfied after a defendant is no
longer on probation, parole, postrelease community supervision under
Section 3451, or mandatory supervision imposed pursuant to
subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170
is enforceable by the victim pursuant to this section. Victims and
the California Victim Compensation and Government Claims Board shall
inform the court whenever an order to pay restitution is satisfied. A
local collection program may continue to enforce victim restitution
orders once a defendant is no longer on probation, postrelease
community supervision, or mandatory supervision.
   (c) Except as provided in subdivision (d), and notwithstanding the
amount in controversy limitation of Section 85 of the Code of Civil
Procedure, a restitution order or restitution fine that was imposed
pursuant to Section 1202.4 in any of the following cases may be
enforced in the same manner as a money judgment in a limited civil
case:
   (1) In a misdemeanor case.
   (2) In a case involving violation of a city or town ordinance.
   (3) In a noncapital criminal case where the court has received a
plea of guilty or nolo contendere.
   (d) Chapter 3 (commencing with Section 683.010) of Division 1 of
Title 9 of Part 2 of the Code of Civil Procedure shall not apply to
any of the following:
   (1) A judgment for any court-ordered fines, forfeitures,
penalties, fees, or assessments.
   (2) Any restitution fine or restitution order imposed pursuant to
Section 1202.4, 1202.44, or 1202.45, or Section 1203.04, as operative
on or before August 2, 1995, or Section 13967 of the Government
Code, as operative on or before September 28, 1994.
   (3) Any diversion restitution fee ordered pursuant to Section
1001.90.

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Last modified: March 17, 2014