BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1657
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          ASSEMBLY THIRD READING
          AB 1657 (Wieckowski)
          As Amended  March 22, 2012
          Majority vote 

           PUBLIC SAFETY       4-2         HEALTH              10-6        
           
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          |Ayes:|Ammiano, Cedillo,         |Ayes:|Monning, Ammiano, Eng,    |
          |     |Mitchell, Skinner         |     |Gordon, Hayashi, Roger    |
          |     |                          |     |Hernández, Mitchell, Pan, |
          |     |                          |     |V. Manuel Pérez, Williams |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Knight, Hagman            |Nays:|Logue, Bonilla, Garrick,  |
          |     |                          |     |Mansoor, Nestande, Silva  |
           ----------------------------------------------------------------- 

           APPROPRIATIONS      12-5                                        
           
           ----------------------------------------------------------------- 
          |Ayes:|Fuentes, Blumenfield,     |     |                          |
          |     |Bradford, Charles         |     |                          |
          |     |Calderon, Campos, Davis,  |     |                          |
          |     |Gatto, Ammiano, Hill,     |     |                          |
          |     |Lara, Mitchell, Solorio   |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Harkey, Donnelly,         |     |                          |
          |     |Nielsen, Norby, Wagner    |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           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.









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          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.  

          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.  

             a)   Provides any bail schedule may include the necessary 
               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; and, 

               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.  









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          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.  

          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.  

          6)States that 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.

             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 








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               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 Penal Code 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 
               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.  

          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.   









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          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.  

          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.  

          10)Requires a fee of $49 be assessed in addition to any other 
            fines or assessments for any individual attending traffic 
            violator school as a result a violations of specified sections 
            of the Vehicle Code.  

          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.  

          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.  

          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 








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            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). 

          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.  

          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 
            Judicial Council and the Legislature.  These recommendations 
            must be made by June 30, 2011.  

           FISCAL EFFECT  :   According to the Assembly Appropriations 
          Committee:

           1)Potential increased revenue in the range of $14 million.   
            Extrapolating from about seven million court abstracts with 
            convictions for typically multiple Vehicle Code violations, 
            which average about two per abstract, in 2009, a $1 penalty 
            assessment on each traffic fine would result in increased 
            revenue of about $14 million, assuming no diminishing returns 
            as a result of changes in judicial behavior, collections, or 
            ability to pay.

           2)Proliferation of assessments and charges has driven fines 
            steadily upward  .  For example, a $500 traffic fine with 
            current assessments is now $1,829, shocking defendants who 
            think $500 means $500. A $100 fine is $479.

           3)Increasing assessments may result in diminishing returns  .  
            Judges have the discretion to reduce the base fine, which then 
            reduces revenue to state and local governments, as well as to 








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            assessments.  As current penalty assessments quadruple the 
            base fine, increasing fines and assessments may have the 
            unintended consequence of reduced fine collections.  In 
            addition, indigent defendants facing large fees may simply be 
            unable to pay, and as a result lose their license and car 
            insurance.  

          As noted by the California Research Bureau (CRB) in its 2006 
            review of penalty assessments, "High penalty assessments may 
            result in higher rates of default by the guilty parties.  Some 
            offenders may spend time in jail, or plea for community 
            service, rather than pay the fine and penalty assessment.  The 
            end result may be that a substantial amount of fines, fees and 
            revenue is not collected."
           
           4)One-time state trial court costs in the range of $200,000 for 
            programming costs.   
           
           COMMENTS  :   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."   

          Please see the policy committee analysis for a full discussion 
          of this bill.
           

          Analysis Prepared by  :    Milena Blake / PUB. S. / (916) 319-3744

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