BILL NUMBER: SB 676	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wolk

                        FEBRUARY 27, 2009

   An act to amend Section 987.5 of the Penal Code, relating to
courts.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 676, as introduced, Wolk. Court-appointed counsel: defendant
registration fees.
   Under existing law, every defendant, when represented by appointed
counsel, is required to be assessed a registration fee not to exceed
$25, but the fee is not required of any defendant that is
financially unable to pay it. Under existing law, these provisions
are operative in a county only upon the adoption of a resolution by
the board of supervisors electing to establish the registration fee.
   This bill would increase the maximum for that registration fee to
$50.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 987.5 of the Penal Code is amended to read:
   987.5.  (a) Every defendant shall be assessed a registration fee
not to exceed  twenty-five dollars ($25)   fifty
dollars ($50)  when represented by appointed counsel.
Notwithstanding this subdivision, no fee shall be required of any
defendant  that is  financially unable to pay the fee.
   (b) At the time of appointment of counsel by the court, or upon
commencement of representation by the public defender, if prior to
court appointment, the defendant shall be asked if he or she is
financially able to pay the registration fee or any portion thereof.
If the defendant indicates that he or she is able to pay the fee or a
portion thereof, the court or public defender shall make an
assessment in accordance with ability to pay. No fee shall be
assessed against any defendant who asserts that he or she is unable
to pay the fee or any portion thereof. No other inquiry concerning
the defendant's ability to pay shall be made until proceedings are
held pursuant to Section 987.8.
   (c) No defendant shall be denied the assistance of appointed
counsel due solely to a failure to pay the registration fee. An order
to pay the registration fee may be enforced in the manner provided
for enforcement of civil judgments generally, but may not be enforced
by contempt.
   (d) The fact that a defendant has or has not been assessed a fee
pursuant to this section shall have no effect in any later
proceedings held pursuant to Section 987.8, except that the defendant
shall be given credit for any amounts paid as a registration fee
toward any lien or assessment imposed pursuant to Section 987.8.
   (e) This section shall be operative in a county only upon the
adoption of a resolution or ordinance by the board of supervisors
electing to establish the registration fee and setting forth the
manner in which the funds shall be collected and distributed.
Collection procedures, accounting measures, and the distribution of
the funds received pursuant to this section shall be within the
discretion of the board of supervisors.