BILL NUMBER: AB 2405	CHAPTERED  08/01/08

	CHAPTER  241
	FILED WITH SECRETARY OF STATE  AUGUST 1, 2008
	APPROVED BY GOVERNOR  AUGUST 1, 2008
	PASSED THE SENATE  JULY 10, 2008
	PASSED THE ASSEMBLY  JULY 15, 2008
	AMENDED IN SENATE  JULY 3, 2008
	AMENDED IN SENATE  JUNE 2, 2008
	AMENDED IN ASSEMBLY  MAY 6, 2008

INTRODUCED BY   Assembly Member Arambula
   (Coauthors: Assembly Members Berg and Parra)

                        FEBRUARY 21, 2008

   An act to add Section 1463.27 to the Penal Code, relating to
domestic violence.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2405, Arambula. Domestic violence: additional fee.
   Existing law provides for the imposition of various fines,
forfeitures, and penalties upon a criminal conviction.
   This bill would permit a county to authorize an additional fee of
not more than $250 to be imposed upon a conviction for specified
crimes of domestic violence, to be deposited into a fund in each
county, to be used for domestic violence prevention programs that
focus on assisting immigrants, refugees, or persons who live in rural
communities.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  It is the intent of the Legislature that the county
programs created or funded pursuant to this act serve individuals in
urban, rural, and suburban areas of California.
  SEC. 2.  Section 1463.27 is added to the Penal Code, to read:
   1463.27.  (a) Notwithstanding any other provision of law, in
addition to any other fine or penalty assessment, the board of
supervisors of a county may, by resolution, authorize a fee of not
more than two hundred fifty dollars ($250) upon every fine, penalty,
or forfeiture imposed and collected by the courts for a crime of
domestic violence specified in paragraph (1) of subdivision (e) of
Section 243 and in Section 273.5. Notwithstanding Section 1463 or
1464, money collected pursuant to this section shall be used to fund
domestic violence prevention programs that focus on assisting
immigrants, refugees, or persons who live in a rural community.
Counties with existing domestic violence prevention programs that
assist those persons may direct funds to those programs.
   (b) The court shall determine if the defendant has the ability to
pay the fee imposed under this section. In making that determination,
the court shall take into account the total amount of fines and
restitution that the defendant is subject to, and may waive payment
of this additional fee.
   (c) The court shall deposit the moneys collected pursuant to this
section in a fund designated by the board of supervisors, to be used
as specified in subdivision (a).