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AB-1410 Motor vehicle violation penalty assessments.(2017-2018)

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Date Published: 07/13/2017 09:00 PM
AB1410:v96#DOCUMENT

Amended  IN  Senate  July 13, 2017
Amended  IN  Senate  June 29, 2017
Amended  IN  Assembly  April 04, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1410


Introduced by Assembly Member Wood Members Wood and Mathis
(Coauthors: Assembly Members Bigelow, Caballero, Cooper, Dahle, Flora, Eduardo Garcia, and Rodriguez)
(Coauthors: Senators Berryhill and Cannella)

February 17, 2017


An act to add and repeal Section 12469 of the Government Code, and to amend Section 1465.7 of the Penal Code, relating to penalty assessments.


LEGISLATIVE COUNSEL'S DIGEST


AB 1410, as amended, Wood. Motor vehicle violation penalty assessments.
(1) Existing law imposes various penalty assessments upon every fine, penalty, or forfeiture imposed and collected by the court for all criminal offenses, including a violation of a section of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code. These include, but are not limited to, a state penalty in the amount of $10 for every $10 imposed and collected by the court for a criminal offense to be deposited into the State Penalty Fund and a county general fund, a state surcharge of 20% upon every fine, penalty, or forfeiture imposed and collected by the court for a criminal offense to be deposited into the General Fund, a state court construction penalty in the amount of $5 for every $10 imposed and collected by the court for a criminal offense to be deposited into the State Court Facilities Construction Fund, and a penalty in the amount of $4 for every $10 imposed and collected by the court for a criminal offense to be deposited into the state’s DNA Identification Fund. Existing law also requires an additional penalty of $1 for every $10 or part thereof to be levied in each county upon every fine, penalty, or forfeiture imposed and collected by the courts for all criminal offenses, as specified, and requires the collected penalties to be deposited into a county’s DNA Identification Fund to be used, among other purposes, to reimburse local sheriff’s or other law enforcement agencies for the collection of DNA specimens, samples, and print impressions.
This bill would require the Controller to audit the apportionment and allocation of funds received by a state or local entity from a penalty assessment imposed, pursuant to specified provisions, for a criminal offense involving a violation of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code. The bill would require the audit to include information about the financial status of any program that is funded, in whole or in part, by the penalty assessment, a 3-year history of the funds received, and a summary of the services provided by a program that is funded, in whole or in part, by the penalty assessment. The bill would require the Controller to compile this information and submit a report to the public safety committee of each house of the Legislature on or before December 1, 2018, as specified.
(2) Under existing law, the Emergency Medical Air Transportation Act, a penalty of $4 is imposed upon every conviction for a violation of the Vehicle Code, or a local ordinance adopted pursuant to the Vehicle Code, other than a parking offense. Existing law requires the county or the court that imposed the fine to transfer the moneys collected pursuant to this act to the Emergency Medical Air Transportation Act Fund. Under existing law, the assessment of these penalties will terminate on January 1, 2018, and any moneys unexpended and unencumbered in the Emergency Medical Air Transportation Act Fund on June 30, 2019, will transfer to the General Fund. Existing law repeals the Emergency Medical Air Transportation Act on January 1, 2020.
This bill would require the Controller to transfer 40% 25% of the state surcharge described in paragraph (1) above from the General Fund to the Emergency Medical Air Transportation Act Fund. Fund through December 31, 2020.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 12469 is added to the Government Code, to read:

12469.
 (a) The Controller shall audit the apportionment and allocation of funds received by a state or local entity from a penalty assessment imposed pursuant to a provision specified in subdivision (b) for a criminal offense involving a violation of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code. This audit shall include all of the following information:
(1) The financial status of any program that is funded, in whole or in part, by the penalty assessment and a three-year history of the funds received.
(2) A summary of the services provided by a program that is funded, in whole or in part, by the penalty assessment.
(b) Subdivision (a) applies to a penalty assessment imposed pursuant to any of the following:
(1) Subdivision (a) of Section 70372.
(2) Section 76000.
(3) Section 76000.5.
(4) Subdivision (c) of Section 76000.10.
(5) Section 76104.6.
(6) Section 76104.7.
(7) Section 1464 of the Penal Code.
(8) Section 1465.7 of the Penal Code.
(c) The Controller shall compile the information described in subdivision (a) and submit a report to the public safety committee of each house of the Legislature on or before December 1, 2018.
(d) This section shall remain in effect only until December 1, 2022, and as of that date is repealed.

SEC. 2.

 Section 1465.7 of the Penal Code is amended to read:

1465.7.
 (a) A state surcharge of 20 percent shall be levied on the base fine used to calculate the state penalty assessment as specified in subdivision (a) of Section 1464.
(b) This surcharge shall be in addition to the state penalty assessed pursuant to Section 1464 of the Penal Code and may not be included in the base fine used to calculate the state penalty assessment as specified in subdivision (a) of Section 1464.
(c) After a determination by the court of the amount due, the clerk of the court shall cause the amount of the state surcharge collected to be transmitted to the General Fund.
(d) (1) Notwithstanding Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code and subdivision (b) of Section 68090.8 of the Government Code, the full amount of the surcharge shall be transmitted to the State Treasury to be deposited in the General Fund. Of the amount collected from the total amount of the fines, penalties, and surcharges imposed, the amount of the surcharge established by this section shall be transmitted to the State Treasury to be deposited in the General Fund.
(2) The Controller shall transfer 40 25 percent of the state surcharge from the General Fund to the Emergency Medical Air Transportation Act Fund described in Section 76000.10 of the Government Code. This paragraph shall become inoperative on January 1, 2021.
(e) When any deposited bail is made for an offense to which this section applies, and for which a court appearance is not mandatory, the person making the deposit shall also deposit a sufficient amount to include the surcharge prescribed by this section.
(f) When amounts owed by an offender as a result of a conviction are paid in installment payments, payments shall be credited pursuant to Section 1203.1d. The amount of the surcharge established by this section shall be transmitted to the State Treasury prior to the county retaining or disbursing the remaining amount of the fines, penalties, and forfeitures imposed.
(g) Notwithstanding Sections 40512.6 and 42007 of the Vehicle Code, the term “total bail” as used in subdivision (a) of Section 42007 of the Vehicle Code does not include the surcharge set forth in this section. The surcharge set forth in this section shall be levied on what would have been the base fine had the provisions of Section 42007 not been invoked and the proceeds from the imposition of the surcharge shall be treated as otherwise set forth in this section.