BILL ANALYSIS Ó
AB 1657
Page 1
Date of Hearing: March 27, 2012
Counsel: Milena Blake
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1657 (Wieckowski) - As Amended: March 22, 2012
SUMMARY : Adds an additional penalty assessment of $1 to every
fine, penalty or forfeiture deposit imposed by any court on
violations of specified Vehicle Code sections or local ordinance
adopted pursuant to the vehicle code. Specifically, this bill:
1)Requires these assessments be deposited with the county
treasurer and distributed each month to the spinal cord injury
research fund created within the University of California.
2)Allows the University of California to establish the Roman
Reed Spinal Cord Injury Research Penalty Account.
3)Allows the county treasurer to withhold sufficient funds to
reimburse the county and the courts for their actual,
reasonable, and necessary costs in administering this
assessment. If funds are withheld, an accounting report must
be sent to the Regents of the University of California.
EXISTING LAW :
1)Authorizes the University of California to establish a spinal
cord injury research fund independent of the State Treasury,
to accept public and private funds for the purpose of
implementing this chapter. (Health and Safety Code Section
104336.)
2)States that there shall be levied a state penalty in the
amount of $10 for every $10, or part of $10, upon every fine,
penalty, or forfeiture imposed and collected by the courts for
all criminal offenses, including all offenses, except
specified parking offenses, involving a violation of a section
of the Vehicle Code or any local ordinance adopted pursuant to
the Vehicle Code. ÝPenal Code Section 1464(a).]
a) Provides any bail schedule may include the necessary
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amount to pay the penalties established by this section,
and the surcharge for all matters where a personal
appearance is not mandatory and the bail is posted
primarily to guarantee payment of the fine.
b) States that the penalty imposed by this section does not
apply to the following:
i) Any restitution fine.
ii) Specified Government Code penalties.
iii) Specified parking offenses.
iv) A specified state surcharge.
3)Specifies where multiple offenses are involved, the state
penalty shall be based upon the total fine or bail for each
case. When a fine is suspended, in whole or in part, the
state penalty shall be reduced in proportion to the
suspension. ÝPenal Code Section 1464(b).]
4)States 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 state penalty prescribed by
this section for forfeited bail. If bail is returned, the
state penalty paid thereon pursuant to this section shall also
be returned. ÝPenal Code Section 1464(c).]
5)Provides that in any case where a person convicted of any
offense, to which this section applies, is in prison until the
fine is satisfied, the judge may waive all or any part of the
state penalty, the payment of which would work a hardship on
the person convicted or his or her immediate family. ÝPenal
Code Section 1464(d).]
6)States that the moneys so deposited in the State Penalty Fund
shall be distributed as follows ÝPenal Code Section 1464(f)]:
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
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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.
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.
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
25.7% 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.
h) Once per month, there shall be transferred into the
Traumatic Brain Injury Fund an amount equal to 0.66% of the
state penalty funds deposited in the State Penalty Fund
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during the preceding month.
6)Provides for an additional county penalty assessment of $7 for
every $10, or fraction thereof, upon every fine, penalty, or
forfeiture imposed and collected by the courts for criminal
offenses, including all offenses involving a violation of the
Vehicle Code or any local ordinance adopted pursuant to the
Vehicle Code, except for parking offenses. The money
collected shall be placed in any of the following funds if
established by a county board of supervisors: Courthouse
Construction Fund, Criminal Justice Facilities Construction
Fund, Automated Fingerprint Identification Fund, Emergency
Medical Services (EMS) Fund; and/or DNA Identification Fund.
(Government Code Section 76000 et seq.)
7)Requires a state surcharge of 20% upon every fine, penalty, or
forfeiture imposed and collected by the courts for all
criminal offenses, including all offenses, except specified
parking offenses, involving a violation of a section of the
Vehicle Code or any local ordinance adopted pursuant to the
Vehicle Code. (Penal Code Section 1465.7.)
8)Requires the assessment of $5 for every $10 or fraction
thereof, upon every fine, penalty or forfeiture collected by
the courts for criminal offenses, including all offenses,
except specified parking offenses, involving a violation of a
section of the Vehicle Code or any local ordinance adopted
pursuant to the Vehicle Code. Additionally, an assessment of
$4.50 shall be assessed upon every fine, penalty or forfeiture
collected by the courts for criminal offenses, including all
offenses, except specified parking offenses, involving a
violation of a section of the Vehicle Code or any local
ordinance adopted pursuant to the Vehicle Code. These funds
are to be used for court construction. (Government Code
Section 70372.)
9)Requires a fee of $40 on every conviction for a criminal
offense, including all offenses, except specified parking
offenses, involving a violation of a section of the Vehicle
Code or any local ordinance adopted pursuant to the Vehicle
Code, to ensure adequate funding for court security. (Penal
Code Section 1465.8.)
10)Requires a fee of $49 be assessed in addition to any other
fines or assessments for any individual attending traffic
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violator school as a result a violations of specified sections
of the vehicle code. ÝVehicle Code Section 42007.1(a).]
11)Allows the superior court in each county to establish a fee
up to $10 for clerical and administrative costs incurred for
recording and retaining records of the defendant's violations
of the vehicle code, or violations resulting in the
restriction of defendant's driver's license or automobile
registration, as specified. (Vehicle Code Section 40508.6.)
12)Requires the assessment of $4 upon every fine, penalty or
forfeiture collected by the courts for criminal offenses,
including all offenses, except specified parking offenses,
involving a violation of a section of the Vehicle Code or any
local ordinance adopted pursuant to the Vehicle Code. These
funds are to be used to augment emergency medical air
transportation reimbursement payments, as specified.
(Government Code Section 76000.10.)
13)Requires the assessment of $1 for every $10 or fraction
thereof, upon every fine, penalty or forfeiture collected by
the courts for criminal offenses, including all offenses,
except specified parking offenses, involving a violation of a
section of the Vehicle Code or any local ordinance adopted
pursuant to the Vehicle Code. These funds are to be used for
the purpose of implementing the DNA Fingerprint, Unsolved
Crime and Innocence Protection Act, as created by Proposition
69 (1994). (Government Code Section 76104.6.)
14)Allows the board of supervisors of counties to assess a fine
of $2 for every $10 or fraction thereof, upon every fine,
penalty or forfeiture collected by the courts for criminal
offenses, including all offenses, except specified parking
offenses, involving a violation of a section of the Vehicle
Code or any local ordinance adopted pursuant to the Vehicle
Code. (Government Code Section 76000.5.)
15)Requires Judicial Council to establish a task force to
evaluate criminal and traffic-related, court-ordered debts
imposed against adult and juvenile offenders. This task force
must identify all court-ordered fees, fines, forfeitures,
penalties, and assessments imposed under the law, and identify
the distribution of these fees, fines, forfeitures, penalties,
and assessments. The task force shall consult with state and
local entities to evaluate and make recommendations to the
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Judicial Council and the Legislature. These recommendations
must be made by June 30, 2011. (Penal Code Section 1463.02.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, " Motor vehicle
accidents are the leading cause of spinal cord injuries and by
restoring funding to the Roman Reed Spinal Cord Injury
Research fund, administered by the Reeve-Irvine Research
Center at the University of California, Irvine, California can
move closer to a cure for the roughly 650,000 people in our
state living with paralysis.
"A small investment of state penalty funds, augmented by federal
research dollars, will build on the advances already
experienced by the Roman Reed SCI Research fund. Not only
will these funds, enhance the academic reputation of our
research institutions, they will also aid our biotech industry
and, most importantly, give hope to all Californians with
paralysis that a cure will come."
2)Background : According to background provided by the author,
"There are approximately 650,000 Californians living with
paralysis. The disability, loss of earning power, and loss of
personal freedom resulting from spinal cord injury is
devastating for the injured individual, and creates a huge
financial burden for the state of California. The associated
rise in health care costs and lost income potential for those
with paralysis is well over $1 billion. To improve the
quality of life of paralyzed individuals, the Roman Reed
Spinal Cord Injury Research Act was created in 2000 and
renewed in 2005. It takes advantage of California's
outstanding medical research institutions to fund promising
research-driven therapies that have the potential to enhance
the functionality of people with paralysis.
"The program is administered by the Reeve-Irvine Research Center
at the University of California, Irvine. Over its history,
the Roman Reed SCI Research program fund provided $15.1
million, which funded 129 research grants that involved 300
California scientists, technical staff and students. This
seed funding has enabled the scientists to launch new research
projects that attract federal research funding. To date, the
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funding has leveraged an additional $63.8 million from federal
and other sources.
"However, state funding has dried up. AB 1657, recognizes that
motor vehicle crashes account for nearly 46 percent of SCI
cases, and would restore funding by directing $1.5 million
annually in state penalty funds to the Roman Reed Spinal Cord
Injury Research Fund. By investing this small amount of
funds, California can ensure the continued success of this
impressive program and remain a world leader in neural
sciences.
"Advances made through this program could lead to new therapies
that improve the quality of life for hundreds of thousands of
Californians who suffer from spinal cord injury, and also save
the state millions of dollars that would otherwise be required
for long-term care."
3)Fines : With state and local budget constraints in recent
years, penalty assessments have become a way for California
and its counties to raise needed funds. Currently, penalty
assessments are 270% of the base fine, with a flat $103 added
to each fine.
Calculation of penalty assessments on a base fine of $500:
Base Fine: $ 500
Penal Code 1464 Assessment: $ 500($10 for
every $10 in fines)
Penal Code 1465.7 Assessment: 100(20%
surcharge)
Penal Code 1465.8 Assessment: 40($40 fee
per fine)
Government Code 70372 Assessment: 250($5 for
every $10 in fines)
Government Code 76000 Assessment: 350($7 for
every $10 in fines)
Government Code 76000.10 Assessment: 4($4 fee per
fine)
Government Code 76000.5 Assessment: 100 ($2 for
every $10 in fines)
Government Code 76104.6 Assessment: 50($1 for
every $10 in fines)
Vehicle Code 42007.1(a) Assessment: 49($49 fee
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per fine)
Vehicle Code 40508.6 Assessment: 10($10 fee
per fine)
Total Fine with Assessment: $1,953
4)Judicial Council Evaluating Penalty Assessments : The Judicial
Council was granted authorization to convene a task force to
identify and evaluate all fees, fines, forfeitures, penalties,
and assessments currently in place. The funding for this task
force was authorized in a budget trailer bill, SB 857
(Committee on Budget and Fiscal Review), Statutes of 2010,
Chapter 720. This task force is currently in process.
REGISTERED SUPPORT / OPPOSITION :
Support
7 private individuals
Opposition
California Catholic Conference, Inc.
California Public Defenders Association
Analysis Prepared by : Milena Blake / PUB. S. / (916) 319-3744