BILL NUMBER: SB 329	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Correa

                        FEBRUARY 15, 2011

   An act to amend Section 76104.6 of the Government Code, relating
to county penalties.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 329, as introduced, Correa. County penalties: forensic
laboratories.
   (1) Existing law, the DNA Fingerprint, Unresolved Crime and
Innocence Protection Act, an initiative measure, requires an
additional penalty of one dollar for every $10 or part thereof to be
levied in each county upon every fine, penalty, or forfeiture imposed
and collected by the courts for all criminal offenses, as specified.
The act requires the county board of supervisors to establish in the
county treasury a DNA Identification Fund, into which the collected
penalties are to be deposited. The act requires 25% of the moneys in
the county fund to be transferred to the state's DNA Identification
Fund and specifies the purposes for which funds in the county's and
the state's DNA Identification Funds may be used, including to
reimburse local sheriff, police, district attorney, and regional
state crime laboratories for expenditures and administrative costs
made or incurred in connection with the processing, analysis,
tracking, and storage of DNA crime scene samples, as specified. The
act provides for its amendment by the Legislature if the amendments
further the act and are consistent with its purpose to enhance the
use of DNA identification evidence for the purpose of accurate and
expeditious crime solving and exonerating the innocent.
   This bill would require, for the purposes of providing
supplemental funding for the DNA Fingerprint, Unsolved Crime and
Innocence Protection Act, as specified, an additional penalty to be
levied in an unspecified amount in each county for the late payment
of any fine, penalty, or forfeiture imposed by the courts for any
violation of the Vehicle Code, or a local ordinance adopted pursuant
to the Vehicle Code, that is committed by the driver of a vehicle
while it is in motion. Pursuant to the provisions described above,
the penalty proceeds would be deposited into each county's and the
state's DNA Identification Fund for the purposes specified above.
   The bill would declare that its provisions further the initiative
act and are consistent with its purposes.
   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 76104.6 of the Government Code is amended to
read:
   76104.6.  (a) (1) Except as otherwise provided in this section,
for the purpose of implementing the DNA Fingerprint, Unsolved Crime
and Innocence Protection Act (Proposition 69), as approved by the
voters at the November 2, 2004, statewide general election, there
shall be levied an additional penalty of one dollar for every ten
dollars ($10), or part of ten dollars ($10), in each county upon
every fine, penalty, or forfeiture imposed and collected by the
courts for all criminal offenses, including all offenses involving a
violation of the Vehicle Code or a local ordinance adopted pursuant
to the Vehicle Code.
    (2)     Except as otherwise provided in
this section, for the   purposes of providing supplemental
funding for the DNA Fingerprint, Unsolved Crime and Innocence
Protection Act, and clearing the backlog of DNA crime scene samples
from cases in which DNA evidence would be useful in identifying or
prosecuting suspects, there shall be levied an additional penalty of
____ dollars ($____), in each county for the late payment of any
fine, penalty, or forfeiture imposed by the courts for any violation
of the Vehicle Code, or a local ordinance adopted pursuant to the
  Vehicle Code, that is committed by the driver of a vehicle
while it is in motion.  
   (2) 
    (3)  The  penalty   penalties 
imposed by this section shall be collected together with and in the
same manner as the amounts established by Section 1464 of the Penal
Code. The moneys shall be taken from fines and forfeitures deposited
with the county treasurer prior to any division pursuant to Section
1463 of the Penal Code. The board of supervisors shall establish in
the county treasury a DNA Identification Fund into which shall be
deposited the moneys collected pursuant to this section. The moneys
of the fund shall be allocated pursuant to subdivision (b). 
   (3) 
    (4)  The additional  penalty does  
penalties do  not apply to the following:
   (A) A restitution fine.
   (B) A penalty authorized by Section 1464 of the Penal Code or this
chapter.
   (C) A parking offense subject to Article 3 (commencing with
Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.
   (D) The state surcharge authorized by Section 1465.7 of the Penal
Code.
   (b) (1) The fund moneys described in subdivision (a), together
with any interest earned thereon, shall be held by the county
treasurer separate from any funds subject to transfer or division
pursuant to Section 1463 of the Penal Code. Deposits to the fund may
continue through and including the 20th year after the initial
calendar year in which the surcharge is collected, or longer if and
as necessary to make payments upon any lease or leaseback arrangement
utilized to finance any of the projects specified herein.
   (2) On the last day of each calendar quarter of the year specified
in this subdivision, the county treasurer shall transfer fund moneys
in the county's DNA Identification Fund to the Controller for credit
to the state's DNA Identification Fund, which is hereby established
in the State Treasury, as follows:
   (A) In the first two calendar years following the effective date
of this section, 70 percent of the amounts collected, including
interest earned thereon.
   (B) In the third calendar year following the effective date of
this section, 50 percent of the amounts collected, including interest
earned thereon.
   (C) In the fourth calendar year following the effective date of
this section and in each calendar year thereafter, 25 percent of the
amounts collected, including interest earned thereon.
   (3) Funds remaining in the county's DNA Identification Fund shall
be used only  to   for the following purposes:

    (A)    To  reimburse local sheriff or
other law enforcement agencies  to collect  for
the collection of  DNA specimens, samples, and print impressions
pursuant to this chapter  ; for   . 
    (B)     For  expenditures and
administrative costs made or incurred to comply with the requirements
of paragraph (5) of subdivision (b) of Section 298 of the Penal Code
 ,  including the procurement of equipment and software
integral to confirming that a person qualifies for entry into the
Department of Justice DNA and Forensic Identification Database and
Data Bank Program  ; and to   . 
    (C)     To reimburse  local sheriff,
police, district attorney, and regional state crime laboratories for
expenditures and administrative costs made or incurred in connection
with the processing, analysis, tracking, and storage of DNA crime
scene samples from cases in which DNA evidence would be useful in
identifying or prosecuting suspects, including the procurement of
equipment and software for the processing, analysis, tracking, and
storage of DNA crime scene samples from unsolved cases.
   (4) The state's DNA Identification Fund shall be administered by
the Department of Justice. Funds in the state's DNA Identification
Fund, upon appropriation by the Legislature, shall be used by the
Attorney General only to support DNA testing in the state and to
offset the impacts of increased testing and shall be allocated as
follows:
   (A) Of the amount transferred pursuant to subparagraph (A) of
paragraph (2) of subdivision (b), 90 percent to the Department of
Justice DNA Laboratory, first, to comply with the requirements of
Section 298.3 of the Penal Code and, second, for expenditures and
administrative costs made or incurred in connection with the
processing, analysis, tracking, and storage of DNA specimens and
samples including the procurement of equipment and software for the
processing, analysis, tracking, and storage of DNA samples and
specimens obtained pursuant to the DNA and Forensic Identification
Database and Data Bank Act of 1998, as amended by Chapter 6
(commencing with Section 295) of Title 9 of Part 1 of the Penal Code,
and 10 percent to the Department of Justice Information Bureau
Criminal History Unit for expenditures and administrative costs that
have been approved by the Chief of the Department of Justice Bureau
of Forensic Services made or incurred to update equipment and
software to facilitate compliance with the requirements of
subdivision (e) of Section 299.5 of the Penal Code.
   (B) Of the amount transferred pursuant to subparagraph (B) of
paragraph (2) of subdivision (b), funds shall be allocated by the
Department of Justice DNA Laboratory, first, to comply with the
requirements of Section 298.3 of the Penal Code and, second, for
expenditures and administrative costs made or incurred in connection
with the processing, analysis, tracking, and storage of DNA specimens
and samples including the procurement of equipment and software for
the processing, analysis, tracking, and storage of DNA samples and
specimens obtained pursuant to the DNA and Forensic Identification
Database and Data Bank Act of 1998, as amended.
   (C) Of the amount transferred pursuant to subparagraph (C) of
paragraph (2) of subdivision (b), funds shall be allocated by the
Department of Justice to the DNA Laboratory to comply with the
requirements of Section 298.3 of the Penal Code and for expenditures
and administrative costs made or incurred in connection with the
processing, analysis, tracking, and storage of DNA specimens and
samples including the procurement of equipment and software for the
processing, analysis, tracking, and storage of DNA samples and
specimens obtained pursuant to the DNA and Forensic Identification
Database and Data Bank Act of 1998, as amended.
   (c) On or before April 1 in the year following adoption of this
section, and annually thereafter, the board of supervisors of each
county shall submit a report to the Legislature and the Department of
Justice. The report shall include the total amount of fines
collected and allocated pursuant to this section, and the amounts
expended by the county for each program authorized pursuant to
paragraph (3) of subdivision (b). The Department of Justice shall
make the reports publicly available on the department's Internet Web
site.
   (d) All requirements imposed on the Department of Justice pursuant
to the DNA Fingerprint, Unsolved Crime and Innocence Protection Act
are contingent upon the availability of funding and are limited by
revenue, on a fiscal year basis, received by the Department of
Justice pursuant to this section and any additional appropriation
approved by the Legislature for purposes related to implementing this
act.
   (e) Upon approval of the DNA Fingerprint, Unsolved Crime and
Innocence Protection Act, the Legislature shall lend the Department
of Justice General Fund in the amount of seven million dollars
($7,000,000) for purposes of implementing the act. The loan shall be
repaid with interest calculated at the rate earned by the Pooled
Money Investment Account at the time the loan is made. Principal and
interest on the loan shall be repaid in full no later than four years
from the date the loan was made and shall be repaid from revenue
generated pursuant to this section.
   (f) Notwithstanding any other provision of  law,
the Controller may use the state's DNA Identification Fund, created
pursuant to paragraph (2) of subdivision (b), for loans to the
General Fund as provided in Sections 16310 and 16381. Any such loan
shall be repaid from the General Fund with interest computed at 110
percent of the Pooled Money Investment Account rate, with the
interest commencing to accrue on the date the loan is made from the
fund. This subdivision does not authorize any transfer that will
interfere with the carrying out of the object for which the state's
DNA Identification Fund was created.
  SEC. 2.  The Legislature hereby finds and declares that the
amendments made by this act to Section 76104.6 of the Government Code
further the DNA Fingerprint, Unresolved Crime and Innocence
Protection Act, as enacted by the approval of Proposition 69 at the
November 3, 2004, general election, and is consistent with the act's
purposes.