BILL ANALYSIS
AB 790
Page 1
Date of Hearing: April 24, 2007
Counsel: Kimberly A. Horiuchi
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Jose Solorio, Chair
AB 790 (Karnette) - As Amended: April 18, 2007
SUMMARY : Redirects 4% of funds from the Driver Training
Penalty Assessment Fund and allocates that money to the
Department of Justice to be used to support the California
Witness Protection Program, as specified.
EXISTING LAW :
1)Establishes the Witness Protection Program. (Penal Code
Section 14020.)
2)Provides that there shall be levied a state penalty, in an
amount equal to $10 for every ten $10 or fraction thereof,
upon every fine, penalty, or forfeiture imposed and collected
by the courts for criminal offenses, including all offenses,
except parking offenses as defined in the Vehicle Code. Any
bail schedule adopted pursuant to Penal Code Section 1269b may
include the necessary amount to pay the state penalties
established by existing law for all matters where a personal
appearance is not mandatory and the bail is posted primarily
to guarantee payment of the fine. [Penal Code Section
1464(a).]
3)States the moneys so deposited in the State Penalty Fund shall
be distributed as follows:
a) Once per month, there shall be transferred into the Fish
and Game Preservation Fund an amount equal to 0.33% of the
state penalty funds deposited in the State Penalty Fund
during the preceding month, except that the total amount
shall not be less than the state penalty levied on fines or
forfeitures for violation of state laws relating to the
protection or propagation of fish and game. These moneys
shall be used for the education or training of department
employees which fulfills a need consistent with the
objectives of the Department of Fish and Game.
AB 790
Page 2
b) Once per month, there shall be transferred into the
Restitution Fund an amount equal to 32.02% of the state
penalty funds deposited in the State Penalty Fund during
the preceding month. Those funds shall be made available
in accordance with provisions of the Government Code.
c) Once per month, there shall be transferred into the
Peace Officers' Training Fund an amount equal to 23.99% of
the state penalty funds deposited in the State Penalty Fund
during the preceding month.
d) Once per month, there shall be transferred into the
Driver Training Penalty Assessment Fund an amount equal to
25.70% of the state penalty funds deposited in the State
Penalty Fund during the preceding month.
e) Once per month, there shall be transferred into the
Corrections Training Fund an amount equal to 7.88% of the
state penalty funds deposited in the State Penalty Fund
during the preceding month. Money in the Corrections
Training Fund is not continuously appropriated and shall be
appropriated in the Budget Act.
f) Once per month, there shall be transferred into the
Local Public Prosecutors and Public Defenders Training Fund
established pursuant to Section 11503 an amount equal to
0.78% of the state penalty funds deposited in the State
Penalty Fund during the preceding month. The amount so
transferred shall not exceed the sum of 850,000 in any
fiscal year. The remainder in excess of $850,000 shall be
transferred to the Restitution Fund.
g) Once per month, there shall be transferred into the
Victim-Witness Assistance Fund an amount equal to 8.64% of
the state penalty funds deposited in the State Penalty Fund
during the preceding month. [Penal Code Section 1464(f)(1)
to (7).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "This bill
addresses witness intimidation, an issue that is very much
AB 790
Page 3
related to gang activity. Often times, witnesses who have
attempted to testify in cases concerning gang activity are
subject to intimidation or retaliation. A recent example of
this has occurred recently in my district. In a much
publicized court case, often referred to as the 'Halloween'
beatings trial where the accused were suspected to having gang
affiliation. During the course of the trial, a witness for
the prosecution had her car rammed repeatedly while she was in
court testifying. Witnesses of the ramming described the men
as wearing clothing typically seen on members of the Baby
Insane Crips. The incident came one day after defense
attorneys pressed the witness to describe her car in detail,
down to the year the car was made. In instances such as this,
we need to be able to insure the protection of witnesses
testifying in court proceedings, especially if it aids in the
effort of prosecuting gang members."
2)California Witness Protection Program : According to
information provided by the Los Angeles County District
Attorneys Office, "The California Witness Protection Program,
(CWPP) which is administered by the Department of Justice, is
currently under funded. Since its creation in 1998, the CWPP
has received $3 million per year. In the first full year of
operation, the CWPP provided protection for witnesses in 238
cases. In Fiscal Year 2005-06, that number grew to 406 cases,
a 70% increase without any additional funding for the CWPP.
Because of a lack of increased funding, the CWPP cannot fund
all of the requests for witness protection it receives.
According to the Attorney General's Office, they expend nearly
$240,000 each year to administer the program for which they
are not reimbursed.
"Because the CWPP has never received an increase in its funding,
the program only has sufficient funding to provide protection
and relocation services for the duration of the criminal
prosecution and for only 90 days following the conclusion of
the prosecution. The CWPP provides protection and relocation
services to witnesses who face imminent threats to their lives
for testifying in serious criminal cases, most often involving
violent gang members. Because of a lack of long-term
protection and relocation services, many potential witnesses
refuse to testify or cooperate with law enforcement agencies
in violent gang cases out of fear for their safety. Even
worse, is the fact that two former witnesses who participated
in the CWPP were murdered because they returned to their
AB 790
Page 4
former neighborhoods because the CWPP currently does not
provide for permanent relocation services.
"This bill will help alleviate this serious public safety issue
by creating a permanent funding mechanism for the CWPP and
increasing the funds available for the program. This bill
would allocate 4% of the funds in the State Penalty Fund to
the Department of Justice to operate the CWPP. The allocation
of 4% of the funds in the State Penalty Fund would provide
approximately $6 million a year for the program. With this
increase in funding, the Attorney General's Office would be
able to provide funding for all of the requests for witness
protection it receives and would no longer be forced to
administer the program without sufficient resources. The
additional funding would also allow district attorney's
offices to offer long-term or permanent relocation services
for witnesses who bravely testify against the most violent
gang members in our society.
"The 4% allocation for the CWPP from the State Penalty Fund
would not adversely impact any existing programs because this
bill simply reduces the percentage allocated to the Driver's
Training Program which services it funds were eliminated in
the state budget several years ago.
3)Related Legislation :
a) SB 153 (Migden) provides that, until July 1, 2012, a
county may enter into grants for interview services with
the Office of Emergency Services for the recovery of costs
associated with the provision of child victim forensic
evidentiary interviews conducted by child advocacy centers.
SB 153 is pending hearing by the Senate Committee on
Appropriations.
b) SB 594 (Romero) appropriates $6 million to the Office of
the Attorney General for the renamed Witness Relocation and
Assistance Program. SB 594 is pending hearing by the
Senate Committee on Appropriations.
REGISTERED SUPPORT / OPPOSITION :
Support
Crime Victims United
AB 790
Page 5
Los Angeles County District Attorney's Office
San Bernardino County Sheriff's Department
Opposition
None
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744