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AB-1980 Criminal fines: state surcharge.(2019-2020)

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Date Published: 01/23/2020 09:00 PM
AB1980:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1980


Introduced by Assembly Member Gray

January 23, 2020


An act to repeal Section 1465.7 of the Penal Code, relating to criminal fines.


LEGISLATIVE COUNSEL'S DIGEST


AB 1980, as introduced, Gray. Criminal fines: state surcharge.
Existing law imposes various penalties and assessments upon fines, penalties, and forfeitures imposed on defendants and collected by the courts for criminal offenses. Those charges include a state surcharge of 20% levied on the base fine, as specified. Existing law requires the full amount of that surcharge to be transmitted from the clerk of the court to the State Treasury and deposited in the General Fund.
This bill would repeal the 20% state surcharge.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 1465.7 of the Penal Code is repealed.
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)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.

(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.